PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
Single Topic for Decision A229E
Full Decision Text (click on the link to view): Full Text
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
PERB's authority is limited to a jurisdictional review of the language of the contract, and not to the merits of the unfair practice charge. If the conduct appears to be arguably prohibited by the contract, PERB is denied jurisdiction; p. 5. PERB's jurisdiction to determine whether to dismiss a matter on grounds of deferral, and the arbitrator's jurisdiction to determine arbitrability are separate and distinct issues. PERB does not abdicate its authority when it determines deferral is appropriate; p. 5. Doubts should be resolved in favor of coverage.