Decision 0880E – San Diego County Office of Education * * * OVERRULED by Yuba City Unified School District (1995) PERB Decision No. 1095

LA-CE-2894

Decision Date: May 21, 1991

Decision Type: PERB Decision

 * * * OVERRULED by Yuba City Unified School District (1995) PERB Decision No. 1095 * * *

View Full Text (PDF)

Perc Vol: 15
Perc Index: 22089

Decision Headnotes

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.01000 – Pre-Arbitration

Deferral to arbitration not appropriate where contract does not provide the association with a remedy for the alleged violation of its own rights.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.02000 – Post Arbitration; Repugnancy

Where an arbitration award has been issued which covers a matter at issue, Board uses post-arbitration repugnancy analysis. Board adopts NLRB standards set forth in Spielberg Manufacturing Company (1955) 112 NRLB 1080 [36 LRRM 1152], Collyer Insulated Wire (1971) 192 NLRB 837 [77 LRRM 1931], and Olin Corporation (1984) 268 NLRB 573 [115 LRRM 1056]; pp. 9-10. Olin Corp. "parallelism" requirement met where the contractual issue considered by the arbitrator is factually parallel to the unfair labor practice issue.