Decision 0204E – San Juan Unified School District

S-CE-426

Decision Date: March 31, 1982

Decision Type: PERB Decision

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Perc Vol: 6
Perc Index: 13082

Decision Headnotes

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
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.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
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.