Decision 1095E – Yuba City Unified School District * * * OVERRULED San Diego County Office of Education (1991) PERB Decision No. 880
S-CE-1519
Decision Date: April 27, 1995
Decision Type: PERB Decision
Description: District unilaterally changed teacher preparation periods and teaching assignments without negotiating.
Disposition: Dismissed. Board deferred to decision of the arbitrator.
Perc Vol: 19
Perc Index: 26081
Decision Headnotes
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
In a post-arbitration context the Board's jurisdiction is discretionary and limited solely to a determination of whether the requirements of Spielberg and Olin have been met; p. 13. A statement by an arbitrator that he declines to determine any unfair labor practice issues is not dispositive of the Board's exercise of its jurisdiction under EERA; p. 15. In a post-arbitration context, the Board declines to continue the practice of applying dual jurisdictional standards based on the section of the statute alleged to have been violated. Accordingly, the Board overrules San Diego County Office of Education (1991) PERB Decision No. 880. Once an arbitration award has been issued, the Board applies the post-arbitration deferral standard; p. 17.
1102.02000 – Post Arbitration; Repugnancy
In a post-arbitration context the Board's jurisdiction is discretionary and limited solely to a determination of whether the requirements of Spielberg and Olin have been met; p. 13. A statement by an arbitrator that he declines to determine any unfair labor practice issues is not dispositive of the Board's exercise of its jurisdiction under EERA; p. 15. In a post-arbitration context, the Board declines to continue the practice of applying dual jurisdictional standards based on the section of the statute alleged to have been violated. Accordingly, the Board overrules San Diego County Office of Education (1991) PERB Decision No. 880. Once an arbitration award has been issued, the Board applies the post-arbitration deferral standard; p. 17.