Decision 0204E – San Juan Unified School District
S-CE-426
Decision Date: March 31, 1982
Decision Type: PERB Decision
Perc Vol: 6
Perc Index: 13082
Decision Headnotes
1102.01000 – Pre-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. Dissent would defer on the sole basis that the Respondent's defense is contractual - "the party seeking [deferral] is making a claim which is governed by the contract;" p. 14.
1103.11000 – 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.