Decision 0962S – State of California, Department of Youth Authority

LA-CE-253-S

Decision Date: December 4, 1992

Decision Type: PERB Decision

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Perc Vol: 17
Perc Index: 24019

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts

The Board adopts Litton Financial Printing Div. finds that arbitration clauses do not continue in effect after expiration of a collective bargaining agreement except for disputes that: (1) involve facts and occurrences that arose before expiration; (2) involve post-expiration conduct that infringes on rights accrued or vested under the agreement; or (3) under normal principles of contract interpretation, survive expiration of the agreement. The Board, therefore, overrules that portion of Anaheim City School District (1983) PERB Decision No. 364 which held that arbitration survives expiration of the agreement unless expressly or impliedly excluded; pp. 10-11.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.02000 – Burden of Proof; Evidence

The party alleging discrimination must make a prima facie showing of unlawful motivation by demonstrating a nexus between the protected activity and the adverse action; p. 12.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.02000 – Disparate Treatment

Charging party failed to provide examples showing that other employees, in similar circumstances, did not have their overtime hours reduced; p. 14.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.03000 – Departure from Past Practices or Procedures

Charging party failed to show a departure from established procedures as the order limiting charging party's overtime hours was issued only after completion of medical and psychiatric evaluations which were performed after charging party filed an injury report complaining of stress; p. 13.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period

Charging parties allege numerous acts of unlawful reprisals and discrimination which occurred more than six months prior to the filing of the charge. These allegations were dismissed as untimely; p. 6.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.03000 – Other

The Board adopts Litton Financial Printing Div. and finds that arbitration clauses do not continue in effect after expiration of a collective bargaining agreement except for disputes that: (1) involve facts and occurrences that arose before expiration; (2) involve post-expiration conduct that infringes on rights accrued or vested under the agreement; or (3) under normal principles of contract interpretation, survive expiration of the agreement. The Board, therefore, overrules that portion of Anaheim City School District (1983) PERB Decision No. 364 which held that arbitration survives expiration of the agreement unless expressly or impliedly excluded; pp. 10-11.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

32630. A jurisdictional rule requires that a charge be dismissed and deferred to arbitration if the grievance machinery of the agreement covers the matter at issue and culminates in binding arbitration, and the conduct complained of is arguably prohibited by the agreement; p. 6.