Decision 1102E – Desert Sands Unified School District

LA-CE-3473

Decision Date: May 10, 1995

Decision Type: PERB Decision

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Perc Vol: 19
Perc Index: 26094

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

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.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
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.