All notes for Subtopic 1103.11000 – Request for Deferral to Arbitration

DecisionDescriptionPERC Vol.PERC IndexDate
A496M County of Orange
1103.11000: CASE PROCESSING PROCEDURES; COMPLAINT; Request for Deferral to Arbitration
The most critical prong of the deferral test is often whether the contract and its meaning lie at the center of the dispute. (Oxnard Union High School District (2022) PERB Decision No. 2803, p. 55.) To meet this prong, the respondent must show, first, that the parties’ agreement prohibits the alleged unfair practice. (Ibid.) It is not sufficient for the agreement to “merely cover or discuss the matter.” (Ibid.) Rather, “the conduct alleged to be an unfair practice must be prohibited.” (Ibid.) Second, “resolution of the contractual issue must necessarily resolve the merits of the unfair practice allegation.” (Ibid.) This condition exists “if the contract incorporates the statutory legal standard, or if the parties ask the arbitrator to resolve the statutory unfair practice issue.” (Ibid.) “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.” (Ibid.) (p. 6.) more or view all topics or full text.
476610/06/22
A496M County of Orange
1103.11000: CASE PROCESSING PROCEDURES; COMPLAINT; Request for Deferral to Arbitration
“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.” (Oxnard Union High School District (2022) PERB Decision No. 2803, p. 53.) Moreover, if the charging party is an individual employee and the applicable MOU does not allow an employee to advance a grievance to arbitration, PERB also must determine whether the exclusive representative is willing to proceed to arbitration on the employee’s grievance. (Claremont Unified School District (2014) PERB Decision No. 2357, p. 18.) (p. 5.) more or view all topics or full text.
476610/06/22
A496M County of Orange
1103.11000: CASE PROCESSING PROCEDURES; COMPLAINT; Request for Deferral to Arbitration
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.
476610/06/22
2796E Bellflower Unified School District
1103.11000: CASE PROCESSING PROCEDURES; COMPLAINT; Request for Deferral to Arbitration
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.
468511/08/21
A485M County of Santa Clara
1103.11000: CASE PROCESSING PROCEDURES; COMPLAINT; Request for Deferral to Arbitration
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.
458503/02/21
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
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
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