Decision 1096S – State of California (Department of Corrections)

S-CE-732-S

Decision Date: May 3, 1995

Decision Type: PERB Decision

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Perc Vol: 19
Perc Index: 26087

Decision Headnotes

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO 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.