Decision 0986H – California State University (State Employees Trade Council)

LA-CE-316-H

Decision Date: March 30, 1993

Decision Type: PERB Decision

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Perc Vol: 17
Perc Index: 24068

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

Charging party alleged that CSU would not proceed to arbitration and that futility existed. Board found that charging party's remedy is to proceed directly to court to seek enforcement of the parties arbitration agreement. (HEERA section 3589(b)); p. 2. The rationale at Dry Creek Joint Elementary School District (1980) PERB Order No. Ad-81a is still applicable to cases arising under HEERA; standards set forth in Collyer Insulated Wire (1971) 192 NLRB 837 [77 LRRM 1931] and subsequent cases state that deferral is appropriate in prearbitral situations when: (1) dispute arises within a stable collective bargaining relationship; (2) respondent waives contract-based procedural defense; and (3) contract and its meaning must be at the center of the dispute; pp. 2-3, warning letter.

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

Charging party alleged that CSU would not proceed to arbitration and that futility existed. Board found that charging party's remedy is to proceed directly to court to seek enforcement of the parties arbitration agreement. (HEERA section 3589(b)); p. 2. The rationale at Dry Creek Joint Elementary School District (1980) PERB Order No. Ad-81a is still applicable to cases arising under HEERA; standards set forth in Collyer Insulated Wire (1971) 192 NLRB 837 [77 LRRM 1931] and subsequent cases state that deferral is appropriate in prearbitral situations when: (1) dispute arises within a stable collective bargaining relationship; (2) respondent waives contract-based procedural defense; and (3) contract and its meaning must be at the center of the dispute; pp. 2-3, warning letter.