Decision 1102E – Desert Sands Unified School District
LA-CE-3473
Decision Date: May 10, 1995
Decision Type: PERB Decision
Description: Dismissed as untimely filed.
Disposition: Dismissed for lack of jurisdiction. Board deferred to contractual grievance and arbitration provision.
Perc Vol: 19
Perc Index: 26094
Decision Headnotes
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
Charging party's failure to file a grievance within contractual time limit did not constitute exhaustion of grievance procedure and PERB lacks jurisdiction over that allegation (Eureka City School District (1988) PERB Decision No. 702); p. 3. Charging party's failure to exercise grievance process in accord with terms and conditions it agreed to may preclude further pursuit of the grievance process, including arbitration, but that does not create futility; p. 6.
1102.01000 – Pre-Arbitration
Charging party's failure to file a grievance within contractual time limit did not constitute exhaustion of grievance procedure and PERB lacks jurisdiction over that allegation (Eureka City School District (1988) PERB Decision No. 702); p. 3. Charging party's failure to exercise grievance process in accord with terms and conditions it agreed to may preclude further pursuit of the grievance process, including arbitration, but that does not create futility; p. 6.