PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts

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In this case, the parties had no neutral, binding arbitration process in place, because the parties’ contract had expired. In lieu of a labor arbitration, the University offered Charging Parties a post-deprivation hearing that involved an arbitrator making a non-binding recommendation to a UCLA Vice Chancellor. After the close of the PERB hearing, the University added to the record a copy of the arbitrator’s recommendation that the terminations be upheld. The ALJ declined the University’s request that the arbitrator’s decision be found to be binding on any issue in the instant case. Neither party excepted to that ruling and we find no cause to defer to the arbitrator’s non-binding ruling on any issue, although we do consider it for its persuasive value. (p. 15, fn. 1.)