CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION – Pre-Arbitration

Single Topic for Decision 1967S

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Deferral not appropriate here because the State failed to: (1) raise the affirmative defense of deferral in a timely manner; and (2) meet the requirements for deferral set out in Dry Creek Joint Elementary School District (1980) PERB Order No. Ad-81a. The Board rejected the State’s argument that the complaint “does not state facts sufficient to constitute a cause of action” noting that it was overly broad and did not reasonably put either the Board or opposing counsel on notice of the deferral claim.