CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION – Pre-Arbitration

Single Topic for Decision A229E

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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. California has a strong policy in favor or arbitration; p. 4. Doubts should be resolved in favor of coverage.