Decision 0414Ea – Modesto City Schools and High School District
Decision Date: January 16, 1985
Decision Type: PERB Decision
Perc Vol: 9
Perc Index: 16062
1102.02000 – Post Arbitration; Repugnancy
After winning an advisory arbitrator's award but losing a later PERB decision on the same matter, the charging party cannot retroactively defer to arbitration. The PERB will defer only to precedures culminating in binding arbitration or in response to a motion from both parties. Despite the employer's acceptance of the award, the underlying procedure was advisory. Charging party had the opportunity to accept the award but choose to proceed with the unfair practice charge.