CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION – Pre-Arbitration

Single Topic for Decision A255E

View all topics for Decision A255E

Full Decision Text (click on the link to view): Full Text

A charge may be dismissed and deferred only if the conduct alleged to be an unfair practice is arguably prohibited by the collective bargaining agreement; p. 6. The positions taken by the parties at various stages of a case are not dispositive of PERB's authority to determine whether a charge must be dismissed and deferred to arbitration. In making this determination, the Board must review the contract terms and decide whether the complained of conduct is arguably prohibited by them; p. 7.