CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION – Pre-Arbitration
Single Topic for Decision A262E
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1102.01000 – Pre-Arbitration
The positions taken by the parties at various stages of grievance or 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, PERB must review the contract terms in accordance with the jurisdictional rule in Lake Elsinore School District (1987) PERB Decision No. 646; p. 6. The district's assertion that the provision in the CBA arguably permits the complained of conduct does not satisfy the element of PERB's jurisdictional rule requiring that the CBA arguably prohibit the conduct; p. 7. PERB's jurisdiction is specifically described in the EERA. Thus, PERB's role in resolving questions of arbitrability is derived directly from California law; p. 8. The specific statutory limits on PERB's jurisdiction make it essential directly from California law; p. 8. The specific statutory limits on PERB's jurisdiction make it essential revise its jurisdictional standard in consideration of a particular federal court decision on arbitrability which is not based on specific California law governing this issue; p. 9.