Decision 0880E – San Diego County Office of Education * * * OVERRULED by Yuba City Unified School District (1995) PERB Decision No. 1095
Decision Date: May 21, 1991
Decision Type: PERB Decision
* * * OVERRULED by Yuba City Unified School District (1995) PERB Decision No. 1095 * * *
Perc Vol: 15
Perc Index: 22089
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.
1102.02000 – 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.