Decision 1096S – State of California (Department of Corrections)
S-CE-732-S
Decision Date: May 3, 1995
Decision Type: PERB Decision
Description: State unilaterally transferred duties to another classification without negotiating.
Disposition: Dismissed for failure to state a prima facie case.
Perc Vol: 19
Perc Index: 26087
Decision Headnotes
1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.01000 – Pre-Arbitration
1102.01000 – Pre-Arbitration
PERB held that section 3541.5(a) of EERA established a jurisdictional rule requiring that a charge be dismissed and deferred if: (1) the grievance machinery of the agreement covers the matter at issue and culminates in binding arbitration; and, (2) the conduct complained of in the unfair practice charge is prohibited by the provisions of the agreement between the parties; p. 2, dismissal letter.