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

Single Topic for Decision A516S

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The Board rejected the employer’s motion to defer to arbitration where the employer filed a petition to vacate or correct the arbitration award in superior court. The petition, by its very terms, sought to vacate the arbitration award, or in the alternative, correct the award to strike any findings and conclusions that the employer alleged “infringe[d] on the [State Personnel Board’s] jurisdiction,” i.e., the rescission of an employee’s suspension and accompanying make-whole order. In either scenario, CDCR refused to comply with the arbitrator’s order, thereby failing the third prong of the post-arbitration deferral standard. (p. 5.)