PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
Single Topic for Decision 1691S
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102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
The allegations in the charge that the State unilaterally changed the workweek schedule at Shop #31 in Kearney Mesa is covered by the workweek provisions and entire agreement clause of the collective bargaining agreement. As the allegations in the charge are covered by the CBA, an alleged violation of the CBA provision may be submitted to binding arbitration, and the State has agreed to waive procedural defenses, the charge must be dismissed and deferred to arbitration.