CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION – Post Arbitration; Repugnancy
Single Topic for Decision 2391H
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1102.02000 – Post Arbitration; Repugnancy
Charging Party may not, by his own conduct, defeat deferral by refusing to participate in the arbitration, and then claim the arbitration award was repugnant to HEERA. To hold otherwise and permit Charging Party a second opportunity to litigate his discipline case would undermine the balance struck by the deferral policy. A party cannot avoid deferral simply by failing to pursue available contractual procedures.