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

Single Topic for Decision A081Ea

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Post-arbitration deferral appropriate under EERA if: matters presented in the unfair practice charge were presented to and considered by the arbitrator; arbitration proceedings were fair and regular; all parties to the arbitration proceeding must have agreed to be bound by the award; and the award must not be repugnant to EERA; pp. 4-7. Board will not necessarily find an arbitration award repugnant because it would have granted a different award; it may well do so if that award fails to protect the essential and fundamental principles of good faith negotiations; p. 7. Arbitrator's remedy found to be repugnant where unilateral action found to have occurred but return to status quo ante not ordered; Board ordered issuance of complaint; p. 9.