CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION – Post Arbitration; Repugnancy
Single Topic for Decision 2231Ma
Full Decision Text (click on the link to view): Full Text
1102.02000 – Post Arbitration; Repugnancy
A deferral to arbitration claim is not jurisdictional and therefore must be raised as an affirmative defense to an unfair practice charge in a timely manner, or it is waived; where neither the issuance of the complaint nor the dismissal of the remaining allegations by the Office of General Counsel occurred until approximately one month after the arbitration, and the respondent knew long before the arbitration that the grievances concerning the Union Time Bank were subject to binding and final arbitration and never raised the issue of deferral to grievance arbitration during the charge processing stage of the PERB proceedings, raising deferral to arbitration for the first time in a request for reconsideration was untimely, and therefore waived.