Decision 0734S – State of California (California Department of Forestry and Fire Protection) * * * OVERRULED IN PART by State of California (Department of Corrections) (1995) PERB Decision No. 1100-S

* * * OVERRULED IN PART by State of California (Department of Corrections) (1995) PERB Decision No. 1100-S, where the Board held that pre-arbitration deferral is based on the conduct underlying the unfair practice charge, not the particular code sections alleged to have been violated. * * *

Where an employer threatened the employee organization by referring to withdrawal of employment contracts, a prima facie case is stated and will not be deferred where the employee organization does not have contractual right to arbitrate the matter; p. 2.