CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION – Post Arbitration; Repugnancy

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If pre-arbitration deferral leads PERB to dismiss an unfair practice charge, the statutory tolling doctrine permits a charging party to timely file a new charge that alleges the original violation(s) as well as the circumstances preventing PERB from continuing to defer within six months of when it knew or should have known of the deficiency in the arbitration process or the arbitrator’s decision. (Los Angeles Unified School District (2014) PERB Decision No. 2359, p. 10; Trustees of the California State University (Long Beach) (2011) PERB Decision No. 2201-H, p. 6.) (p. 11, fn. 6.)