CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION – Pre-Arbitration
Single Topic for Decision A240E
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1102.01000 – Pre-Arbitration
Charge must be dismissed and deferred to binding arbitration when (1) the grievance machinery of the agreement covers the matter at issue and culminates in binding arbitration; and (2) the conduct complained of in the unfair practice charge is prohibited by the provisions of the agreement between the parties; p. 3, ALJ ruling. The Board refused to defer to arbitraiton as the CBA does not grant authority to Association to file grievance in its own name and the arbitrator would not have authority to hear the grievance citing Inglewood Unified School District (1991) PERB Order No. Ad-222; p. 5, ALJ ruling.