CASE PROCESSING PROCEDURES; COMPLAINT – Request for Deferral to Arbitration

Single Topic for Decision A516S

View all topics for Decision A516S

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

PERB will dismiss and defer a complaint to an arbitrator’s award if: (1) the unfair practice issues were presented to and considered by the arbitrator; (2) the arbitral proceeding was fair and regular; (3) the parties agreed to be bound; and (4) the decision of the arbitrator was not clearly repugnant to the purposes and policies of the statute. Post-arbitration deferral is only appropriate where all four elements are satisfied. (pp. 4-5.)