CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION – Pre-Arbitration

Single Topic for Decision A222E

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Board refuses to defer to arbitration where subject matter is covered by grievance machinery of CBA, but CBA does not grant authority to Association to file grievance in its own name, because arbitrator would not have authority to hear grievance, and PERB is sole forum. Motion to dismiss on the grounds of deferral to arbitration is properly before the Board on appeal of an ALJ's denial of a motion to dismiss at the pre-hearing stage under PERB Regulation 32646. Motion to dismiss on grounds of pre-arbitration deferral denied. Although subject matter at issue is subject to final and binding grievance procedures, the parties' agreement limits the Association's right to file a grievance in its own name to four articles, none of which are at issue. Because an arbitrator's authority is derived from the parties' Agreement, an arbitrator would be unable to hear this matter, and PERB is the sole forum. It would not follow EERA's the parties' Agreement, an arbitrator would be unable to hear this matter, and PERB is the sole forum. It would not follow EERA's