Decision 0737E – Los Angeles Unified School District

Dismissal of charge for deferral to arbitration will be without prejudice where charging party alleges no facts indicating a refusal to arbitrate by the district; pp. 3-4, regional attorney letter.

Where the grievance procedure permits steps of the grievance to be dispensed with, the futility argument is not available and the charge will be deferred to arbitration if the conduct complained of is also prohibited by the contract; pp. 3-4, regional attorney letter.