CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION – Post Arbitration; Repugnancy
Single Topic for Decision 1765E
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1102.02000 – Post Arbitration; Repugnancy
When an arbitration award covers the subject of an unfair practice charge, a post-arbitration repugnancy review is conducted to determine whether the charge must be dismissed and deferred to the arbitration award; p. 3. The party seeking to have the Board reject deferral to arbitration has the burden of showing that the deferral standard has not been met; p. 4. The Board has previously addressed the parallel between contractual and statutory claims in cases alleging repugnancy of arbitration awards; p. 4. The facts considered by the arbitration panel, including the interpretation of the applicable contract provisions, are identical to those facts relevant to resolving an unfair practice charge before PERB alleging that the District unilaterally changed the class size policy; p. 6. The Board will not substitute its judgment for that of the arbitrator; p. 6.