Decision 1036E – Fremont Unified School District
SF-CE-1631
Decision Date: February 4, 1994
Decision Type: PERB Decision
Perc Vol: 18
Perc Index: 25041
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
The posibility that the Board may reach a different result does not render the arbitrator's award unreasonable or repugnant.
1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.02000 – Post Arbitration; Repugnancy
1102.02000 – Post Arbitration; Repugnancy
The possibility that the Board may reach a different result does not render the arbitrator's award unreasonable or repugnant. The Board adopts the NLRB standard for post-arbitration deferral. The award is not repugnant if the unfair practice issue is "parallel" to the contractual issue, the arbitrator considered all of the evidence relevant to the unfair practice charge; the award is not clearly repugnant or palpably wrong.