CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION – Pre-Arbitration
Single Topic for Decision 2391H
Full Decision Text (click on the link to view): Full Text
1102.01000 – Pre-Arbitration
PERB will prospectively not defer unfair practice charges filed under HEERA that allege retaliation for filing PERB charges or otherwise participating in PERB processes. Under the facts of this particular case, where Charging Party elected to arbitrate his appeal of his suspension and termination, and because his claim that his termination was motivated by his filing this unfair practice charge was clearly presented to the arbitrator for consideration, deferral to that arbitration procedure is appropriate. Since Charging Party thwarted the arbitration process, most particularly by walking out of the hearing in the middle of the proceedings, thereby preventing the arbitrator from considering unfair practice claims, he cannot now come before PERB and seek to litigate unfair practice claims of retaliation and discrimination.