All notes for Subtopic 102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2803E | Oxnard Union High School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts The most critical prong of the deferral test is often whether the contract and its meaning “lie at the center of the dispute.” To meet this prong, the respondent must show, first, that the parties’ agreement prohibits the alleged unfair practice. (County of Santa Clara (2021) PERB Order No. Ad-485-M, p. 8 (Santa Clara).) “[I]t is not sufficient for the agreement to merely cover or discuss the matter. The conduct alleged to be an unfair practice must be prohibited.” (Ibid.; Fremont Union High School District (1993) PERB Order No. Ad-248, p. 5.) Second, resolution of the contractual issue must necessarily resolve the merits of the unfair practice allegation. (Santa Clara, supra, PERB Order No. Ad-485-M, p. 8.) This condition may be met if the contract incorporates the statutory legal standard, or if the parties ask the arbitrator to resolve the statutory unfair practice issue. (Id. at p. 8, fn. 6.) If resolution of the alleged unfair practice requires application of statutory legal standards, and “there is no guarantee that an arbitrator will look beyond the contract and consider statutory principles,” deferral is not appropriate. (Id. at p. 8.) The District did not carry its burden of establishing that deferral is appropriate where the parties’ CBAs contravene the neutral contractual interpretation standards PERB applies in a unilateral change case (see Santa Ana Unified School District (2013) PERB Decision No. 2332, pp. 25-26 [deferral inappropriate both because contract limited arbitrator from providing full make-whole remedy and because contract limited arbitrator from fully considering the issues at stake] and limit the arbitrator to only the interpretation or application of a contract term, which would not resolve the issues arising from the District’s failure to bargain the effects of its decisions. (See Pleasanton Joint School District (1986) PERB Decision No. 594, pp. 2-6 [deferral inappropriate where contract limited arbitrator to finding violation of “express terms,” thereby preventing arbitrator from considering full breadth of issues at stake in unilateral change case].) more or view all topics or full text. | 46 | 110 | 01/26/22 |
| 2803E | Oxnard Union High School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts In County of Santa Clara (2021) PERB Order No. Ad-485-M, PERB explained how the deferral test applies if an unfair practice charge contains multiple claims. Three principles are paramount. First, if a claim is purely derivative—meaning that a charging party cannot establish it without also establishing another claim—then PERB defers the derivative claim if and only if the claim it derives from satisfies the deferral test. (Id. at pp. 9-10.) Second, if multiple claims can be established independently of one another but they are factually or legally interrelated, then PERB does not defer any of them unless each claim meets the deferral test. (Id. at pp. 10-12.) This rule serves to prevent unnecessary piecemeal litigation. (Ibid.) Finally, if multiple independent claims are neither factually nor legally interrelated, then PERB applies the deferral test separately to each claim and may defer any of them depending on how the test applies to each respective claim. (Ibid.) Thus, a charging party cannot avoid deferral of one claim by choosing to include in the same charge an unrelated, non-deferrable claim. more or view all topics or full text. | 46 | 110 | 01/26/22 |
| 2803E | Oxnard Union High School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts PERB may defer an unfair practice charge to arbitration if the respondent carries its burden to establish that: (1) the dispute arises within a stable collective bargaining relationship; (2) the respondent is willing to waive/ procedural defenses and to arbitrate the merits of the dispute; (3) the contract and its meaning lie at the center of the dispute; and (4) no recognized exception to deferral applies. (Bellflower Unified School District (2021) PERB Decision No. 2796, pp. 19-20; County of Santa Clara (2021) PERB Order No. Ad-485-M, pp. 6-7.) more or view all topics or full text. | 46 | 110 | 01/26/22 |
| A496M | County of Orange 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Under MMBA section 3505.8 and PERB Regulation 32620, subdivision (b)(6), PERB is authorized to: (1) grant a deferral motion and place an unfair practice charge in abeyance if the parties’ dispute is subject to final and binding arbitration pursuant to an MOU; and (2) dismiss the charge at the conclusion of the arbitration process, unless the charging party demonstrates that the ultimate settlement or arbitration award is repugnant to the MMBA. (p. 5.) more or view all topics or full text. | 47 | 66 | 10/06/22 |
| 1713E | East Side Union High School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Deferral to arbitration under EERA section 3541.5(a)(2) is not jurisdictional, but rather must be asserted as an affirmative defense or waived. As the District failed to raise deferral in its answer, its deferral exception is rejected. (pp. 3-4.) more or view all topics or full text. | 29 | 17 | 11/23/04 |
| 2796E | Bellflower Unified School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Even where a new contract interpretation has a continuing impact, PERB defers to contractual procedures if: (1) the dispute arises within a stable collective bargaining relationship; (2) the employer is willing to waive procedural defenses to arbitration and arbitrate the merits of the dispute; (3) the contract and its meaning lie at the center of the dispute; and (4) no recognized exception to deferral applies. (County of Santa Clara (2021) PERB Order No. Ad-485-M, pp. 6-7). more or view all topics or full text. | 46 | 85 | 11/08/21 |
| A485M | County of Santa Clara 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts When considering whether to defer an unfair practice charge to arbitration, PERB applies a three-part test: (1) whether the dispute arises within a stable collective bargaining relationship; (2) whether the respondent is willing to waive contract-based procedural defenses to the grievance or arbitration and is willing to arbitrate the dispute; and (3) whether the contract and its meaning lie at the center of the dispute. (p. 6.) The contract and its meaning lie at the center of the dispute when (1) the alleged unfair practice is arguably prohibited by the collective bargaining agreement and (2) resolution of the contractual issue must necessarily resolve the merits of the unfair practice allegation. (p. 8.) Deferral is not appropriate unless all factually or legally interrelated allegations are subject to deferral. (pp. 9-12.) The Board concluded the charge was not subject to deferral because, while three of four factually interrelated allegations met the criteria for deferral, the fourth allegation did not. (pp. 12-23.) more or view all topics or full text. | 45 | 85 | 03/02/21 |
| 2704H | Regents of the University of California 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts In this case, the parties had no neutral, binding arbitration process in place, because the parties’ contract had expired. In lieu of a labor arbitration, the University offered Charging Parties a post-deprivation hearing that involved an arbitrator making a non-binding recommendation to a UCLA Vice Chancellor. After the close of the PERB hearing, the University added to the record a copy of the arbitrator’s recommendation that the terminations be upheld. The ALJ declined the University’s request that the arbitrator’s decision be found to be binding on any issue in the instant case. Neither party excepted to that ruling and we find no cause to defer to the arbitrator’s non-binding ruling on any issue, although we do consider it for its persuasive value. (p. 15, fn. 1.) more or view all topics or full text. | 44 | 158 | 04/14/20 |
| 2660S | State of California (Office of the Inspector General) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Section 3514.5 of the Dills Act states that the “initial determination as to whether the charges of unfair practices are justified, and, if so, what remedy is necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the board.” The California Supreme Court has interpreted this rule to mean that PERB has “exclusive jurisdiction over activities arguably protected or prohibited by” the Act. [Citation.] Therefore, application of the doctrine of res judicata in this instance would be incongruous with the Legislature’s express intent to commit the questions posed in this unfair practice charge to PERB’s initial and exclusive jurisdiction. (p. 33, fn. 19.) more or view all topics or full text. | 44 | 48 | 08/15/19 |
| 2575M | Service Employees International Union Local 521 (Garcia) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Charging Parties alleged that their exclusive representative had breached its duty of fair representation by: (1) inducing Charging Parties to continue working misclassified overtime hours with false assurances that they would be fully compensated for all overtime hours worked if the organization prevailed in its grievance against the employer; (2) urging an arbitrator to award all employees an equal lump sum payment to remedy the grievance and capping the employer’s total liability, rather than awarding full back pay only to those employees who actually worked the misclassified hours; and, (3) failing to provide notice and opportunity for input and/or misleading Charging Parties regarding the status of settlement negotiations and the terms of an arbitrator’s opinion and award, despite requests by Charging Parties for such information. The Office of the General Counsel dismissed the charge for lack of jurisdiction over the arbitrator, lack of ripeness for review, and/or failure to state a prima facie case of an unfair practice. more or view all topics or full text. | 43 | 22 | 06/28/18 |
| 2575M | Service Employees International Union Local 521 (Garcia) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts The Board denied an appeal and adopted the dismissal of an unfair practice charging alleging a breach of the duty of fair representation arising from damages allegedly suffered as the result of an arbitrator’s opinion and award in a grievance brought by the exclusive representative on Charging Parties’ behalf. An arbitrator is not a proper respondent in an unfair practice and therefore PERB had no authority to review the arbitrator’s opinion and award to determine if its provisions constituted an unfair labor practice. Additionally, the facts, as alleged in the charge, demonstrated that Charging Parties had notice and opportunity to give their input before their representative entered into a tentative agreement to settle the dispute and that, because the tentative settlement agreement was never finalized, any harm suffered by Charging Parties was not attributable to the representative’s acts or omissions. more or view all topics or full text. | 43 | 22 | 06/28/18 |
| 2548E | Lake Elsinore Unified School District (Edwards) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Where Charging Party’s discrimination allegation turns on a matter of law outside PERB’s traditional expertise, i.e., whether the public school employer complied with state law and/or regulations governing certificated employee retirement credit, the appropriate question is not which of two competing interpretations of external law is the more plausible, but whether the language in dispute is reasonably susceptible to the charging party’s interpretation and whether that interpretation supports a viable, i.e., non-frivolous, legal theory of an unfair practice or other violation of a PERB-administered statute. Where the investigation of an unfair practice charge results in receipt of conflicting allegations of fact or contrary theories of law, fair proceedings, if not due process, demand that a complaint be issued and the matter be sent to formal hearing to test a novel theory or competing theories of law, so long as the theory advanced is “viable,” i.e. non-frivolous. The Board is necessarily cautious about rejecting allegations involving statutory, decisional, regulatory, or other authority outside PERB’s jurisdiction and special expertise in labor relations, particularly when the area of external law is itself unsettled. more or view all topics or full text. | 42 | 102 | 02/02/18 |
| 2548E | Lake Elsinore Unified School District (Edwards) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Although the charge relied extensively on the Education Code and other matters outside PERB’s jurisdiction, because it alleged that a public school district employer had denied charging party retirement or other employment benefits to which she was legally entitled because of her protected activity, the matter constitutes an unfair practice allegation within PERB’s legislatively designated field of expertise. (p. 12.) The Office of the General Counsel correctly determined that while PERB has no authority to enforce or order remedies for violations of the Education Code, the Board and its agents may interpret the provisions of the Education Code or other matters of external law where necessary to administer EERA or to harmonize it with external law. (pp. 11-12.) To avoid acting in excess of its authority, PERB has an obligation to determine whether it has jurisdiction over a dispute, regardless of whether the parties themselves have raised the issue. (p. 11.) more or view all topics or full text. | 42 | 102 | 02/02/18 |
| 2517C | Fresno County Superior Court * * * VACATED IN PART by Fresno County Superior Court (2019) PERB Decision No. 2517a-C 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts * * * VACATED IN PART ON OTHER GROUNDS by Fresno County Superior Court (2019) PERB Decision No. 2517a-C. * * *The Legislature directed that complaints alleging any violation of the Trial Court Act or of any local rules and regulations adopted by a trial court be investigated as an unfair practice charge and that PERB apply and interpret unfair labor practices consistent with existing judicial interpretations of the Meyers-Milias-Brown Act, where the language of the two statutes are the same or substantially similar. In light of this legislative delegation of authority, PERB concluded that its adjudication of unfair practice allegations under the Trial Court Act does not violate the constitutional separation of powers doctrine nor invade the province of Superior Court judges to control their courtrooms. (p. 9.) more or view all topics or full text. | 41 | 140 | 02/27/17 |
| 2423M | County of San Bernardino (Office of the Public Defender) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts PERB has exclusive jurisdiction over activities arguably protected or prohibited by EERA and MMBA. The Public Defender’s denial of employees’ request for union representation, its attempts to restrict the Association’s ability to designate representatives for its bargaining unit members, and its threats of discipline against employees who requested union representation at investigatory meetings, all fall within the “arguably prohibited” prong of the San Jose test. Employees’ requests for union representation at investigatory interviews and the Association’s designation of representatives for such interviews are rights arguably protected by the MMBA. Moreover, PERB has initial exclusive jurisdiction to determine whether alleged conduct such as refusing to provide information relevant to the Association’s representation duties and unilaterally changing policies within the scope of bargaining violates the duty to bargain in good faith. While the Board does not presume to rule on the scope of the Rules of Professional Conduct, the Business and Professions Code or other regulations concerning the practice of law, neither will the fact that attorneys have obligations under those rules defeat PERB’s jurisdiction to resolve alleged violations of the statutes which PERB administers, including the MMBA. PERB’s assertion of jurisdiction does not interfere with the ability of the Supreme Court of California or the State Bar of California to regulate the practice of law under the State Bar Act (Bus. & Prof. Code, § 6000 et seq.), the Rules of Professional Conduct or the California Rules of Court, because resolution of this dispute does not regulate the practice of law. Under the constitutional doctrine of separation of powers, the courts have inherent and primary regulatory power over the practice of law. PERB has no power to regulate the practice of law. more or view all topics or full text. | 39 | 165 | 05/15/15 |
| 2398H | Regents of the University of California 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts The parties may not confer jurisdiction on PERB where the statute decrees that the Board has none. more or view all topics or full text. | 39 | 64 | 11/17/14 |
| 2417S | California Association of Professional Scientists (Rachlis) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Sections 3515.5 and 3519.5(b) of the Dills Act confer on the Board jurisdiction to determine whether an employee organization has exceeded its authority to discipline its members by expelling or suspending them from membership. more or view all topics or full text. | 39 | 129 | 03/24/15 |
| A410M | County of Contra Costa 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Implicitly contained within the authority to determine whether a factfinding request is sufficient is the jurisdiction to assess whether the request is properly before the Board, i.e., whether the conditions precedent to a valid request for factfinding exist. Just as courts have jurisdiction to determine the scope of their jurisdiction, PERB necessarily has jurisdiction to determine whether the provisions of MMBA section 3505.4 apply to a particular factfinding request. more or view all topics or full text. | 38 | 154 | 04/16/14 |
| 2337E | Palo Verde Unified School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts PERB lacks general authority to determine whether or not an employer was justified in dismissing an employee or whether its reasons were valid or not and is only concerned with such reasons, in order to determine whether or not they support an inference that the true motivation of such dismissal was the employees’ protected activities. more or view all topics or full text. | 38 | 69 | 10/29/13 |
| A419M | City and County of San Francisco 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts PERB is authorized to administer the MMBA through the factfinding process, not merely through unfair practice proceedings. PERB's authority to appoint a factfinding panel derives from MMBA section 3505.4, and is not predicated on an alleged violation of the MMBA. Neither the administrative determination ordering the parties to factfinding nor a ruling by the Board itself on the City’s appeal of the administrative determination is an advisory opinion. more or view all topics or full text. | 39 | 72 | 11/24/14 |
| 2332E | Santa Ana Unified School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Contractual limitation on the scope of an arbitrator’s authority to fully remedy contract violations that are also unfair practices could render resort to arbitration futile within the meaning of EERA section 3541.5(a)(2). A dispute over whether a contractual provision is an express term of the parties’ collective bargaining agreement or not fails to meet the statutory requirement of EERA section 3541.5(a)(2) that the grievance machinery cover “the matter at issue” for deferral purposes. When asking an arbitrator to decide whether a collective bargaining agreement contains a particular provision would exceed the arbitrator’s authority, resort to arbitration would be futile under EERA section 3541.5(a)(2). Resort to arbitration would be futile under EERA section 3541.5(a)(2) when a union lacks authority under the relevant contract to pursue grievances in its own name for the disputed matters. more or view all topics or full text. | 38 | 51 | 10/03/13 |
| A414M | County of Fresno 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts PERB has jurisdiction to determine on a case-by-case basis whether the provisions of MMBA section 3505.4 apply to a particular factfinding request, and PERB Regulation 32802(c) empowers the Board to notify the parties whether a request for factfinding has met the requirements of subsection (a)(1) or (2) of PERB Regulation 32802. Such a determination is not an advisory opinion to the Board. more or view all topics or full text. | 39 | 8 | 06/17/14 |
| 2201H | Trustees of the California State University (Long Beach) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Unfair practice charge filed based upon a claim that a settlement or arbitration award is repugnant to HEERA are subject to all of the requirements applicable to the filing of unfair practice charges under PERB Regulation 32615 and must allege with specificity the facts underlying the charging party’s claim that the arbitrator’s award is repugnant to the purposes of the applicable statute. Amended charge filed nearly nine months after issuance of arbitration award was untimely. A party cannot avoid deferral simply by failing to pursue available contractual procedures by failing to include charging party’s retaliation claim in stipulation of issues before the arbitrator. Board deferred to arbitrator’s award where the arbitrator’s conclusions encompassed the same factual issues that would have been presented on the retaliation claim before PERB and award itself was not clearly repugnant to the purposes and policies of HEERA. more or view all topics or full text. | 36 | 43 | 09/13/11 |
| 2170M | City of Guadalupe 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts The Board deferred to the binding decision of the personnel commission convened pursuant to the final step of the grievance procedure in the parties’ MOU. The commission proceedings were essentially a binding arbitration, the commission was presented with and considered all of the evidence relevant to the unfair practice charge, and its decision that the employer’s imposition of furloughs did not violate the MOU was not repugnant to the MMBA. Thus, the Board dismissed the charge pursuant to PERB Regulation 32620(b)(6). more or view all topics or full text. | 35 | 52 | 02/28/11 |
| A386M | County of Orange 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Under the MMBA, PERB has jurisdiction over a representation petition only when an agency’s local rules contain no provision that can accomplish what the petitioner is seeking without placing an undue burden on the petitioner. Because a county’s local rule governing unit modification provided the functional equivalent of a unit severance rule and did not unduly burden the petitioning union, PERB lacked jurisdiction over the severance petition. more or view all topics or full text. | 34 | 157 | 10/25/10 |
| 2113M | County of Siskiyou/Siskiyou County Superior Court 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts In the absence of local rules governing amendment of certification, PERB had jurisdiction over petitions to amend an exclusive representative’s certification and applied its amendment of certification regulations to the petitions. more or view all topics or full text. | 34 | 95 | 06/07/10 |
| 2107H | Regents of the University of California 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Parties cannot waive, either expressly or by implication, PERB’s authority under HEERA section 3563(a) to determine appropriate bargaining units for higher education employers. more or view all topics or full text. | 34 | 81 | 05/10/10 |
| 2082E | Ventura County Community College District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts EERA section 3541.5 sets forth PERB’s jurisdiction and authority to determine whether or not charges of unfair practices are justified. Section 3541.5(a)(2) addresses PERB’s authority relative to matters also covered by collective bargaining agreements between the parties, and provides that PERB may review an arbitration decision resulting from the parties’ grievance/arbitration process, to determine whether it is repugnant to the purposes of EERA. However, PERB’s authority remains limited to the issuance of a complaint that alleges respondent engaged in conduct that violates EERA. EERA does not provide for an independent de novo review of third-party arbitration decisions. A charge based solely on a claim that a third-party arbitration decision is repugnant cannot stand on its own and is insufficient to state a prima facie case for violation of EERA. Here the District’s charge sought a repugnancy review of an arbitration between the parties, however, it did not allege conduct by the Respondent/Federation that violated EERA and therefore did not establish a prima facie case against the respondent for violation of the Act. more or view all topics or full text. | 34 | 14 | 12/09/09 |
| 1963E | Los Angeles Unified School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts PERB does not have jurisdiction to enforce provisions of the Education Code, but it may interpret the Education Code as necessary to carry out its duty to administer EERA. more or view all topics or full text. | 32 | 103 | 06/18/08 |
| 1964E | United Teachers of Los Angeles (DePace) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts PERB does not have jurisdiction to enforce provisions of the Education Code, but it may interpret the Education Code as necessary to carry out its duty to administer EERA. more or view all topics or full text. | 32 | 102 | 06/18/08 |
| 1987I | Region 4 Court Interpreter Employment Relations Committee and the Superior Court of California, County of Riverside 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Under the Trial Court Interpreter Act, interpreters in full- or part-time positions and court interpreters pro tempore on an as-needed basis without benefits are considered trial court employees. Although the Trial Court Interpreter Act contains provisions granting certain rights to non-employee independent contractors, independent contractor interpreters are not considered trial court employees, and do not have collective bargaining rights. Therefore, PERB lacks jurisdiction over charge by a labor organization alleging violations of the Trial Court Interpreter Act on behalf of an independent contractor. more or view all topics or full text. | 33 | 9 | 11/21/08 |
| 2003E | Glendale Guild/American Federation of Teachers Local 2276 (Waszak) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts PERB has no jurisdiction over allegations of discrimination based on age. more or view all topics or full text. | 33 | 35 | 01/30/09 |
| 1865M | City of Santa Clarita 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Board agent properly determined that PERB does not have jurisdiction over a retaliation case involving an employee of a private company that contracts with the City, because the employer is not a public employer under the MMBA. more or view all topics or full text. | 31 | 22 | 12/07/06 |
| 1829H | University Professional and Technical Employees, Communications Workers of America Local 9119 (Hermanson) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Board agent acted outside scope of duties and outside Board’s jurisdiction in allowing exclusive representative to change timeline set forth for filing objections in PERB Regulation 32994(b)(3). more or view all topics or full text. | 30 | 99 | 03/10/06 |
| 1831H | University Professional and Technical Employees, Communications Workers of America Local 9119 (Booth) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Board agent acted outside scope of duties and outside Board’s jurisdiction in allowing exclusive representative to change timeline set forth for filing objections in PERB Regulation 32994(b)(3). more or view all topics or full text. | 30 | 102 | 03/13/06 |
| 1711S | State of California, (Department of Consumer Affairs) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts PERB does not have jurisdiction to remedy supervisors' claims of unfair labor practices under the Dills Act except under limited circumstances; p. 18 more or view all topics or full text. | 29 | 15 | 11/23/04 |
| 1691S | State of California (Department of Transportation) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts The allegations in the charge that the State unilaterally changed the workweek schedule at Shop #31 in Kearney Mesa is covered by the workweek provisions and entire agreement clause of the collective bargaining agreement. As the allegations in the charge are covered by the CBA, an alleged violation of the CBA provision may be submitted to binding arbitration, and the State has agreed to waive procedural defenses, the charge must be dismissed and deferred to arbitration. more or view all topics or full text. | 28 | 255 | 09/17/04 |
| 1659H | Trustees of the California State University (Stanislaus) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts The collective bargaining agreement provides for final and binding arbitration of grievances. The definition of grievances does not limit the issues that can be grieved under the CBA. Since SETC alleged violations of the CBA, under PERB Regulation 32620(b)(6), the Board must place the charge in abeyance and dismiss the charge at the conclusion of the grievance/arbitration process unless the charging party shows that the settlement or arbitration award is repugnant to HEERA more or view all topics or full text. | 28 | 198 | 07/13/04 |
| 1576E | Peralta Community College District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts The Board lacks jurisdiction to enforce an arbitration award. more or view all topics or full text. | 28 | 44 | 12/31/03 |
| 1564E | Long Beach Community College District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Board cannot acquire jurisdiction by the parties’ consent agreement, stipulation or acquiescence, by waiver or estoppel, nor by the established practices, customs, or Board regulation. more or view all topics or full text. | 28 | 27 | 12/08/03 |
| 1527S | State of California (Department of Youth Authority) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Union failed to present evidence of enmity by employer which would warrant refusal by Board to defer charge to arbitration. more or view all topics or full text. | 27 | 100 | 05/22/03 |
| 1438E | San Francisco Unified School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts No unilateral change because at the time complaint issued in this case, the EERA did not apply to school districts creating charter schools or the ongoing operation of those charter schools. PERB therefore lacks jurisdiction over employees at a charter school even when those employees are still employees of the school district. more or view all topics or full text. | 25 | 32071 | 05/22/01 |
| 1491Sa | State of California (State Personnel Board) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts The Board rejects SPB’s contention that the appropriate remedy for aggrieved employees should the Board find SPB in violation of the Dills Act is through writ of mandate under Code of Civil Procedure Sections 1084 and 1085; the Board would be relinquishing its responsibilities under the Dills Act to allow such a result. Such a result would conflict with the principles of exhaustion of administrative remedies and PERB’s preemptive jurisdiction over Dills Act issues. more or view all topics or full text. | 27 | 17 | 11/12/02 |
| 1482H | California Faculty Association (Malamud) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts The Board will defer to an arbitrator’s ruling that is not repugnant to HEERA. An arbitrator’s ruling that rejected Malamud’s claims that agency fees should be based upon actual expenditures and neither include CFA affiliate expenditures nor be calculated at a percentage of membership dues is not repugnant to HEERA. more or view all topics or full text. | 26 | 33074 | 05/30/02 |
| I054E | Fremont Unified School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts PERB has exclusive initial jurisdiction to determine whether a strike is an unfair practice and what, if any, remedies the Board should pursue; p. 4. more or view all topics or full text. | 14 | 21107 | 05/15/90 |
| I050E | Compton Unified School District * * * OVERRULED IN PART by Fresno County In-Home Supportive Services Public Authority (2015) PERB Decision No. 2418-M 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts * * * OVERRULED IN PART ON OTHER GROUNDS by Fresno County In-Home Supportive Services Public Authority (2015) PERB Decision No. 2418-M. * * *PERB has initial exclusive jurisdiction over dispute involving post-impasse economic strike; p. 166. more or view all topics or full text. | 11 | 18067 | 03/17/87 |
| A248Ea | Fremont Union Union High School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts In determining whether deferral to arbitration is appropriate, the Board determines whether the contract covers the alleged unfair practice, a party's opinion about the legality of the act is not admissible evidence. more or view all topics or full text. | 18 | 25013 | 11/23/93 |
| A248E | Fremont Union High School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts An unfair practice case will not be deferred merely because the contract makes reference to "EERA" or includes the phrase "subject to the provisions of law;" p. 5. The Board will defer a case only where it is clear that the parties intended that the contract prohibit the alleged violative conduct; pp. 6-7. more or view all topics or full text. | 17 | 24165 | 09/24/93 |
| A240E | Piedmont Unified School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts 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 arbitration 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. more or view all topics or full text. | 17 | 24065 | 03/23/93 |
| A229E | Riverside Community College District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts PERB's authority is limited to a jurisdictional review of the language of the contract, and not to the merits of the unfair practice charge. If the conduct appears to be arguably prohibited by the contract, PERB is denied jurisdiction; p. 5. PERB's jurisdiction to determine whether to dismiss a matter on grounds of deferral, and the arbitrator's jurisdiction to determine arbitrability are separate and distinct issues. PERB does not abdicate its authority when it determines deferral is appropriate; p. 5. Doubts should be resolved in favor of coverage. more or view all topics or full text. | 16 | 23046 | 02/27/92 |
| A231S | State of California (Department of Corrections) (California Correctional Peace Officers Association) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Board affirmed ALJ's denial of motion to dismiss on grounds of deferral to arbitration where grievance machinery did not cover an alleged violation of 3519(b) of the Dills Act. This is a case of first impression where a (b) case stands alone before PERB. There is a dissent. more or view all topics or full text. | 04/09/92 | ||
| A222E | Inglewood Unified School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Board refuses to defer to arbitration where subject matter is covered by grievance machinery of CBA, but CBA does not grant authority to Association to file grievance in its own name, because arbitrator would not have authority to hear grievance, and PERB is sole forum. more or view all topics or full text. | 15 | 22110 | 06/24/91 |
| A107H | Regents of the University of California (Student Body Presidents' Council) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts PERB has jurisdiction over allegation of student group that it was denied the opportunity to participate in meet and confer sessions between university and unit of university police in violation of section 3597(a). Section 3563(h) affords PERB authority over "alleged violations of this chapter" and does not restrict it solely to review allegations of unfair practice. more or view all topics or full text. | 04/23/81 | ||
| A107Ha | Regents of the University of California (Student Body Presidents' Council) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts PERB has jurisdiction over allegation of student group that it was denied the opportunity to participate in meet and confer sessions between university and unit of University police in violation of section 3597(a). Section 3563(h) affords PERB authority over "alleged violations of this chapter" and does not restrict it solely to review of allegations of unfair practice. more or view all topics or full text. | 5 | 12079 | 07/21/81 |
| A081Ea | Dry Creek Joint Elementary School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Post-arbitration deferral appropriate under EERA if: matters presented in the unfair practice charge were presented to and considered by the arbitrator; arbitration proceedings were fair and regular; all parties to the arbitration proceeding must have agreed to be bound by the award; and the award must not be repugnant to EERA; pp. 4-7. Board will not necessarily find an arbitration award repugnant because it would have granted a different award; it may well do so if that award fails to protect the essential and fundamental principles of good faith negotiations; p. 7. Arbitrator's remedy found to be repugnant where unilateral action found to have occurred but return to status quo ante not ordered; Board ordered issuance of complaint; p. 9. more or view all topics or full text. | 4 | 11141 | 07/21/80 |
| A064E | Los Angeles Community College District (Kimmett) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts EERA is limited in scope, regulates only certain conduct by employers and exclusive representatives and does not purport to regulate every aspect of employer's conduct. more or view all topics or full text. | 3 | 10068 | 04/30/79 |
| 1324E | Oakland Unified School District (Kennis) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts The claim of retaliation must be dismissed pursuant to EERA section 3541.5(a)(2) because the grievance machinery of the CBA covers the dispute and culminates in binding arbitration; p. 3, dismissal letter. more or view all topics or full text. | 23 | 30095 | 04/09/99 |
| 1287E | Antelope Valley Union High School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Deferral to arbitration is inappropriate where CBA grants standing to grieve only for violations of rights specifically granted to the union by an "express provision of this agreement" and case does not involve such rights; p. 13, proposed dec. Arbitration clause did not survive the expiration of the CBA since case was not dispute that: (1) involved facts and occurrences that arose before the expiration; (2) involved post-expiration conduct that infringed on rights accrued or vested under the agreement; or (3) under normal principles of contract interpretation, would survive expiration of the agreement; p. 13, proposed dec. more or view all topics or full text. | 22 | 29168 | 09/25/98 |
| 1270E | San Bernardino City Unified School District * * * OVERRULED IN PART by Contra Costa Community College District (2019) PERB Decision No. 2652 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts * * * OVERRULED IN PART ON OTHER GROUNDS by Contra Costa Community College District (2019) PERB Decision No. 2652. * * *With respect to the allegation that the District refused to negotiate with CSEA in May 1996, first, the grievance machinery of the Agreement covered the dispute raised by this allegation and culminated in binding arbitration. Second, the conduct complained of in this allegation was arguably prohibited by Article XXIV, Section 3, which required the parties to commence meeting and negotiating no later than June 1. This allegation, to the extent it alleges an independent EERA violation, must therefore be dismissed; p. 80, proposed decision. more or view all topics or full text. | 22 | 29113 | 06/22/98 |
| 1262E | Bakersfield City School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Under PERB precedent, deferral is appropriate when: (1) the parties' contractual grievance procedure 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 parties' agreement. The Board finds that no provision of the collective bargaining agreement between the parties arguably prohibits the conduct alleged in the charge and complaint. Accordingly, the Board finds deferral inappropriate in this case; p. 3. more or view all topics or full text. | 22 | 29089 | 04/28/98 |
| 1161E | Santa Rosa Junior College (Aune) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Board does not enforce contractual claim regarding retirement benefits; p. 3, warning letter. more or view all topics or full text. | 20 | 27114 | 06/26/96 |
| 1138Ea | Barstow Unified School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts The principles of judicial economy and exhaustion of administrative remedies require PERB to interpret the Education Code to determine whether the District committed an EERA violation; p. 9. PERB's jurisdiction to interpret the Education Code to administer EERA is not subject to the forum selection preferences of the parties; p. 10. more or view all topics or full text. | 20 | 27104 | 05/31/96 |
| 1138Eb | Barstow Unified School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts PERB has exclusive initial jurisdiction over conduct that arguably violates EERA; p. 13; A party must exhaust their PERB administrative remedies when: (1) the conduct complained of arguably violates EERA; (2) PERB may furnish relief equivalent to that available in court; and (3) PERB has exclusive initial jurisdiction over remedies for conduct arguably violating EERA; p. 13. more or view all topics or full text. | 21 | 28068 | 03/20/97 |
| 1122S | State of California (Office of Emergency Services) (Karim-Panahi) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Charging party's failure to file a grievance under Unit 11 MOU based on misbelief of improper Unit assignment and speculative belief that the Union would not be supportive of charging party's grievance does not constitute exhaustion of the grievance procedure; p. 2, warning letter. Speculation is not evidence that resort to the grievance procedure would be futile, nor would mere "disagreement or personal preference [be sufficient to] by pass the statutory deferral requirement" (State of California (Department of Corrections) (1986) PERB Decision No. 561-S, citing State of California (Department of Developmental Services) (1985) PERB Order No. Ad-145-S); p. 4, warning letter. A charging party's "failure to exercise the grievance process," even if that precludes further pursuit of the grievance process and arbitration, "does not create futitlity" (Desert Sands Unified School if that precludes further pursuit of the grievance process and arbitration, "does not create futitlity" (Desert Sands Unified School more or view all topics or full text. | 20 | 27003 | 11/07/95 |
| 1106E | Moreno Valley Unified School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Pre-arbitration deferral is inappropriate because union did not have a right to grieve the alleged violation; p. 3, fn. 2, proposed dec. more or view all topics or full text. | 19 | 26099 | 05/19/95 |
| 1107S | State of California (Department of Corrections) (California Correctional Peace Officers Association) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Once an arbitration award has been issued, the post-arbitration deferral standard must be applied to determine PERB's jurisdiction. PERB will defer to an arbitrator's award based on the conduct in dispute, not on the basis of the section of the statute alleged to have been violated; p. 13. more or view all topics or full text. | 19 | 26100 | 05/19/95 |
| 1104S | State of California (Department of Corrections) (California Correctional Peace Officers Association) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts PERB has exclusive initial jurisdiction over unfair practices and SPB has jurisdiction over disciplinary action taken against civil service employees. Employer interference with a union's representational rights is an unfair practice to be adjudicated by PERB and not deferred to the SPB; pp. 2-3. more or view all topics or full text. | 19 | 26097 | 05/18/95 |
| 1105E | Pomona Unified School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Government Code section 6254.3 neither part of the EERA nor is it incorporated by reference. more or view all topics or full text. | 19 | 26098 | 05/18/95 |
| 1100S | State of California (Department of Corrections) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Dills Act section 3514.5(a) does not permit a determination of PERB jurisdiction based on the sections of the statute alleged to have been violated. It requires that the determination of PERB jurisdiction be based on the conduct which is the basis of the dispute; Deferral to an alternative jurisdiction must be consistent with the fundamental rule that alternative jurisdiction has authority to order an appropriate remedy; p. 14. The public policy considerations on which PERB's dispute resolution jurisdiction is based, ensures that: 1) parties have right to one neutral administrative forum for resolution of dispute; 2) parties have right to chose a grievance and arbitration process rather than PERB and PERB should defer to that choice; and 3) deferral will eliminate overlapping and duplicative proceedings, lead to more timely resolution of diputes, and contribute to employer-employee relations eliminate overlapping and duplicative proceedings, lead to more timely resolution of diputes, and contribute to employer-employee relations more or view all topics or full text. | 19 | 26090 | 05/04/95 |
| 1102E | Desert Sands Unified School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Charging party's failure to file a grievance within contractual time limit did not constitute exhaustion of grievance procedure and PERB lacks jurisdiction over that allegation (Eureka City School District (1988) PERB Decision No. 702); p. 3. Charging party's failure to exercise grievance process in accord with terms and conditions it agreed to may preclude further pursuit of the grievance process, including arbitration, but that does not create futility; p. 6. more or view all topics or full text. | 19 | 26094 | 05/10/95 |
| 1095E | Yuba City Unified School District * * * OVERRULED San Diego County Office of Education (1991) PERB Decision No. 880 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts In a post-arbitration context the Board's jurisdiction is discretionary and limited solely to a determination of whether the requirements of Spielberg and Olin have been met; p. 13. A statement by an arbitrator that he declines to determine any unfair labor practice issues is not dispositive of the Board's exercise of its jurisdiction under EERA; p. 15. In a post-arbitration context, the Board declines to continue the practice of applying dual jurisdictional standards based on the section of the statute alleged to have been violated. Accordingly, the Board overrules San Diego County Office of Education (1991) PERB Decision No. 880. Once an arbitration award has been issued, the Board applies the post-arbitration deferral standard; p. 17. more or view all topics or full text. | 19 | 26081 | 04/27/95 |
| 1092E | Marin Community College District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Conduct complained of by the Union was not arguably prohibited by the language of the agreement between the parties and therefore deferral was not proper; p. 5. more or view all topics or full text. | 19 | 26070 | 03/21/95 |
| 1089E | California School Employees Association (Hare) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Deferral to arbitration does not apply to agreements between an employee and an employee organization. more or view all topics or full text. | 19 | 26067 | 03/13/95 |
| 1078E | San Jacinto Unified School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Charge is not subject to deferral as the CBA does not grant authority to the exclusive representative to file grievances in its own name; p. 35, proposed dec. more or view all topics or full text. | 19 | 26036 | 12/22/94 |
| 1036E | Fremont Unified School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts The posibility that the Board may reach a different result does not render the arbitrator's award unreasonable or repugnant. more or view all topics or full text. | 18 | 25041 | 02/04/94 |
| 1026S | State of California (Department of Parks and Recreation) (International Union of Operating Engineers, Craft-Maintenance Division, Units 12 and 13) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts As no MOU was in effect for Unit 12 members, no duty to arbitrate a retaliation claim; p. 3; p. 10, proposed dec. Articles of the MOU covered the allegations raised by unfair practice complaint and therefore the 3519(a) allegation concerning Unit 13 must be dismissed and deferred to binding arbitration; p. 11, proposed dec. Where the contract prohibits retaliation and interference against employees, but does not also contain language barring the State from denying employee organizations their rights under the Dills Act, the section 3519(b) violation should not be deferred; p. 3; p. 11, proposed dec. more or view all topics or full text. | 18 | 25011 | 11/17/93 |
| 1020S | State of California (Employment Development Department) (Gonzales) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Where an employee alleges that he was terminated in reprisal for engaging in protected activity, and the parties' agreement prohibits reprisals and culminates in binding arbitration, the charge must be deferred to binding arbitration; pp. 3-4 warning letter. more or view all topics or full text. | 17 | 24171 | 10/21/93 |
| 0962S | State of California, Department of Youth Authority 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts The Board adopts Litton Financial Printing Div. finds that arbitration clauses do not continue in effect after expiration of a collective bargaining agreement except for disputes that: (1) involve facts and occurrences that arose before expiration; (2) involve post-expiration conduct that infringes on rights accrued or vested under the agreement; or (3) under normal principles of contract interpretation, survive expiration of the agreement. The Board, therefore, overrules that portion of Anaheim City School District (1983) PERB Decision No. 364 which held that arbitration survives expiration of the agreement unless expressly or impliedly excluded; pp. 10-11. more or view all topics or full text. | 17 | 24019 | 12/04/92 |
| 0885E | San Diego Unified School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Board does not enforce the Education Code, thus remedy deleting tainted documents from file enforceable. more or view all topics or full text. | 15 | 22103 | 06/14/91 |
| 0868E | Whisman Elementary School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Although PERB's interpretation of EERA entitled to deference, ultimate responsibility to interpret statutes rests with the courts; p. 20. more or view all topics or full text. | 15 | 22043 | 02/14/91 |
| 0860E | Los Angeles Unified School District (United Teachers Los Angeles) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Board affirmed ALJ refusal to defer matter to arbitration on ground that relevant collective bargaining agreement provision did not "arguably prohibit" conduct at issue, and therefore, Lake Elsinore test not met; pp. 2-4. more or view all topics or full text. | 15 | 22015 | 12/19/90 |
| 0857E | North Orange County Regional Occupational Program * * * SUPERSEDED by amendment to EERA section 3540.1, subdivision (k), Stats. 1999, Ch. 828 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts * * * SUPERSEDED ON OTHER GROUNDS by Stats. 1999, ch. 828 (A.B. 631), § 5.5. * * *PERB has only that jurisdiction and powers as have been conferred by the statutes; PERB acts in excess of that jurisdiction if it violates the express language of the statutes; and its jurisdictional limit cannot be overcome by past practices or its regulations or rulings nor can it acquire jurisdiction by the parties, consent, agreement, stipulation or acquiescence, nor by waiver or estoppel; pp. 6, 7, 8, 15, 16. more or view all topics or full text. | 15 | 22010 | 12/17/90 |
| 0835E | Los Angeles Unified School District (Association of Public School Supervisory Employees) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts PERB has no jurisdiction to enforce Skelly due process requirements and no basis for incorporating them into duties required of employers under EERA; pp. 2-3. more or view all topics or full text. | 14 | 21170 | 08/30/90 |
| 0827E | Oakland Education Association (Baker) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Since PERB has exclusive initial jurisdiction to determine whether charges of unfair practices are justified, request that case be transferred to Superior Court is inappropriate; pp. 2-3. more or view all topics or full text. | 14 | 21144 | 07/10/90 |
| 0812S | State of California (Secretary of State) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Where the Board is without jurisdiction with respect to a matter before it, it must dismiss the matter on its own motion regardless of whether the jurisdictional issue has been raised by the parties. more or view all topics or full text. | 14 | 21115 | 06/07/90 |
| 0805Hb | Trustees of the California State University (Statewide University Police Association) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Plain language of HEERA section 3563.2 provides PERB has initial exclusive jurisdiction over unfair practices; pp. 7-8, fn. 9. more or view all topics or full text. | 14 | 21217 | 11/14/90 |
| 0784E | Compton Unified School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts As the specific overtime compensation practice was not covered by cba, PERB has jurisdiction over unfair practice charge. more or view all topics or full text. | 14 | 21029 | 12/29/89 |
| 0723E | San Bernardino City Unified School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts PERB has initial exclusive jurisdiction to enforce statutes it administers, and to interpret the Ed. code as necessary; pp. 2-3. more or view all topics or full text. | 13 | 20060 | 03/03/89 |
| 0702E | Eureka City School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Pursuant to Lake Elsinore School District (1987) PERB Decision No. 646, Board has no jurisdiction to issue a complaint until or unless the grievance process is exhausted or futility is demonstrated, irrespective of respondent's willingness to waive procedural defenses. more or view all topics or full text. | 12 | 19176 | 10/19/88 |
| 0623E | Los Angeles Community College District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts No jurisdiction to enforce statutes other than those Bd. charged with administering. more or view all topics or full text. | 11 | 18109 | 06/17/87 |
| 0349E | Anaheim City School District, et al. 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts PERB's jurisdiction over merger, amalgamation or transfer of jurisdiction of employee organizations discussed. No jurisdiction over affiliation of employee organization. more or view all topics or full text. | 7 | 14263 | 09/30/83 |
| 0220E | El Monte Union High School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts A recognition agreement clause preventing the parties from seeking to clarify or amend the unit did not preclude PERB from modifying the unit to include summer school and hourly employees. The petitioning union did not violate the agreement because it did not attempt to alter the unit, but filed a petition for recognition of the employees. PERB, exercising its statutory powers to determine appropriate units, treated the recognition request as a modification petition. Parties cannot contract away PERB's statutory jurisdiction; pp. 4-6. more or view all topics or full text. | 6 | 13160 | 06/30/82 |
| 0199E | Pittsburg Unified School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Board will not defer to any process which might result in settlement, pre-arbitration deferral is appropriate only where the negotiated procedure culminates in binding arbitration. more or view all topics or full text. | 6 | 13069 | 03/15/82 |
| 0188E | John Swett Unified School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Where unfair practice charge contains matter which is partly covered by contract (discrimination against employee because of exercise of EERA rights) and partly not covered (deprivation to union of its EERA rights), PERB will not order bifurcation and require duplicative and overlapping proceedings through both the arbitration and unfair practice routes. No deferral ordered; pp. 4-5. (Case called into question by Lake Elsinore, No. 646.) more or view all topics or full text. | 6 | 13018 | 12/21/81 |
| 0986H | California State University (State Employees Trade Council) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Charging party alleged that CSU would not proceed to arbitration and that futility existed. Board found that charging party's remedy is to proceed directly to court to seek enforcement of the parties arbitration agreement. (HEERA section 3589(b)); p. 2. The rationale at Dry Creek Joint Elementary School District (1980) PERB Order No. Ad-81a is still applicable to cases arising under HEERA; standards set forth in Collyer Insulated Wire (1971) 192 NLRB 837 [77 LRRM 1931] and subsequent cases state that deferral is appropriate in prearbitral situations when: (1) dispute arises within a stable collective bargaining relationship; (2) respondent waives contract-based procedural defense; and (3) contract and its meaning must be at the center of the dispute; pp. 2-3, warning letter. more or view all topics or full text. | 17 | 24068 | 03/30/93 |
| 0134E | San Ysidro School District 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts PERB has exclusive initial jurisdiction over unfair practices even if they involve teacher discipline and dismissal; pp. 11-12. more or view all topics or full text. | 4 | 11105 | 06/19/80 |
| 0086S | State of California (Department of Health) (California State Employees Association) 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts Given language of sec. 3522, which states that supervisors shall not have (except as provided in secs. 3522.1 to 3522.9) "the rights or be covered by any provision or definition established by this chapter", the Board has no jurisdiction to enforce the rights of supervisors set out in secs. 3522.1 to 3522.9; pp. 3-7. more or view all topics or full text. | 3 | 10022 | 01/10/79 |
| 0919E | Sylvan Union Elementary School District * * * OVERRULED IN PART by County of Santa Clara (2013) PERB Decision No. 2321-M 102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts * * * OVERRULED IN PART ON OTHER GROUNDS by County of Santa Clara (2013) PERB Decision No. 2321-M. * * *Where complaint solely alleged District's failure to negotiate the effects of a decision, the Board has jurisdiction to determine only the effects portion of the case. more or view all topics or full text. | 16 | 23017 | 01/07/92 |