All notes for Subtopic 1103.11000 – Request for Deferral to Arbitration

DecisionDescriptionPERC Vol.PERC IndexDate
1566S State of California (Department of Parks and Recreation)
1103.11000: CASE PROCESSING PROCEDURES; COMPLAINT; Request for Deferral to Arbitration
Board finds that where conduct is arguably prohibited by the agreement between the parties, the board must defer to arbitration all multiple legal theories arising from that conduct. This ensures that there is one forum for resolution of a dispute, elimination of overlapping and duplicative proceedings, and promotion of more timely resolution of disputes that contribute to employer-employee stability. If a party fails to provide support for its contention that an arbitrator’s remedy can not resolve a derivate violation the board may dismiss that violation and also refer it to arbitration with along with the initial charge. more or view all topics or full text.
283112/16/03
1567S State of California (Department of Mental Health)
1103.11000: CASE PROCESSING PROCEDURES; COMPLAINT; Request for Deferral to Arbitration
Board finds that where conduct is arguably prohibited by the agreement between the parties, the board must defer to arbitration all multiple legal theories arising from that conduct. This ensures that there is one forum for resolution of a dispute, elimination of overlapping and duplicative proceedings, and promotion of more timely resolution of disputes that contribute to employer-employee stability. If a party fails to provide support for its contention that an arbitrator’s remedy can not resolve a derivate violation the board may dismiss that violation and also refer it to arbitration with along with the initial charge. more or view all topics or full text.
283212/16/03
A248E Fremont Union High School District
1103.11000: CASE PROCESSING PROCEDURES; COMPLAINT; Request for Deferral to Arbitration
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.
172416509/24/93
A222E Inglewood Unified School District
1103.11000: CASE PROCESSING PROCEDURES; COMPLAINT; Request for Deferral to Arbitration
Motion to dismiss on the grounds of deferral to arbitration is properly before the Board on appeal of an ALJ's denial of a motion to dismiss at the pre-hearing stage under PERB Regulation 32646. more or view all topics or full text.
152211006/24/91
0821E Inglewood Unified School District
1103.11000: CASE PROCESSING PROCEDURES; COMPLAINT; Request for Deferral to Arbitration
In determining whether deferral is appropriate, the Board must first decide whether conduct underlying charge is arguably prohibited by the parties' collective bargaining agreement, and then whether the agreement provides for resolution of the dispute by final and binding arbitration. As Association arguably has a right to file a grievance in its own name, Board will defer charge to binding arbitration. more or view all topics or full text.
142113306/27/90
0204E San Juan Unified School District
1103.11000: CASE PROCESSING PROCEDURES; COMPLAINT; Request for Deferral to Arbitration
Where there is no language in the contract which will resolve the underlying dispute, deferral to grievance machinery is inappropriate. The aggrieved conduct must be "prohibited by the provisions of the agreement" and the arbitration clause must "cover the matter at issue;" pp. 6-11. more or view all topics or full text.
61308203/31/82