PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
Single Topic for Decision 2170M
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102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
The Board deferred to the binding decision of the personnel commission convened pursuant to the final step of the grievance procedure in the parties’ MOU. The commission proceedings were essentially a binding arbitration, the commission was presented with and considered all of the evidence relevant to the unfair practice charge, and its decision that the employer’s imposition of furloughs did not violate the MOU was not repugnant to the MMBA. Thus, the Board dismissed the charge pursuant to PERB Regulation 32620(b)(6).