PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts

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102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts

Deferral to arbitration under EERA section 3541.5(a)(2) is not jurisdictional, but rather must be asserted as an affirmative defense or waived. As the District failed to raise deferral in its answer, its deferral exception is rejected. (pp. 3-4.)