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

Single Topic for Decision A231S

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* * * OVERRULED by multiple decisions, as recognized in State of California (Department of Corrections and Rehabilitation) (2024) PERB Decision No. 2926-S, pp. 16-19, because relied on notion that deferral was jurisdictional rather than discretionary, applied standards that are now superseded, and improperly bifurcated interrelated claims * * *

Board affirmed ALJ's denial of motion to dismiss on grounds of deferral to arbitration where grievance machinery did not cover an alleged violation of 3519(b) of the Dills Act. This is a case of first impression where a (b) case stands alone before PERB. There is a dissent.