CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION – Post Arbitration; Repugnancy
Single Topic for Decision 1691S
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1102.02000 – Post Arbitration; Repugnancy
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. Lengthy resolution of the grievance and arbitration process does not demonstrate futility.