CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION – Pre-Arbitration

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When PERB considers deferral before the arbitration process is complete (including where the charging party union has not yet filed a grievance), the party seeking deferral has the burden to establish that: (1) the dispute arises within a stable collective bargaining relationship; (2) the respondent is willing to waive procedural defenses and to arbitrate the merits of the dispute; (3) the contract and its meaning lie at the center of the dispute; and (4) no deferral exception applies. (County of Orange (2022) PERB Order No. Ad-496-M, p. 5.) (p. 9; id. at p. 19.)