Decision 1020S – State of California (Employment Development Department) (Gonzales)
S-CE-648-S
Decision Date: October 21, 1993
Decision Type: PERB Decision
Perc Vol: 17
Perc Index: 24171
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
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
Where an employee alleges that he was terminated in reprisal for engaging in protected activity, and the parties' agreement prohibits reprisals and culminates in binding arbitration, the charge must be deferred to binding arbitration; pp. 3-4 warning letter.
1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing
1100.03000 – Standing
Where charging party alleges a denial of his Weingarten rights, the six-month limitations period begins to run when the employee requests and is denied representation; p. 2, dismissal letter; p. 2, warning letter.