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

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There can never be an advance “guarantee” that an arbitrator will “look beyond the contract and consider statutory principles” as required since County of Santa Clara (2021) PERB Order No. Ad-485-M, p. 6. However, if the arbitrator fails to do so, charging party is free to request that PERB cease deferring to arbitration, following the procedures described ante at pages 10-11. PERB will normally grant such a request if the arbitrator has not considered and resolved the unfair practice issues, has misunderstood statutory standards explained in Board precedent, or has failed to order a fully effective remedy for any violation found. (pp. 9-13, 16 & fn. 9.)