Decision 1107S – State of California (Department of Corrections) (California Correctional Peace Officers Association)
S-CE-509-S
Decision Date: May 19, 1995
Decision Type: PERB Decision
Description: State denied union its rights when it discriminated against an employee for his exercise of protected activity.
Disposition: Dismissed. Board deferred to decision of the arbitrator.
Perc Vol: 19
Perc Index: 26100
Decision Headnotes
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
Once an arbitration award has been issued, the post-arbitration deferral standard must be applied to determine PERB's jurisdiction. PERB will defer to an arbitrator's award based on the conduct in dispute, not on the basis of the section of the statute alleged to have been violated; p. 13.
1102.02000 – Post Arbitration; Repugnancy
Once an arbitration award has been issued, the post-arbitration deferral standard must be applied to determine PERB's jurisdiction. PERB will defer to an arbitrator's award based on the conduct in dispute, not on the basis of the section of the statute alleged to have been violated; p. 13.
1105.07000 – Administrative and Judicial Notice
The Board may take official notice of the terms of a CBA filed with PERB pursuant to PERB Regulation 32120; p. 9, fn. 4.
1107.13000 – Administrative and Judicial Notice
The Board may take official notice of the terms of a CBA filed with PERB pursuant to PERB Regulation 32120; p. 9, fn. 4.
1503.03000 – Regulations Considered (By Number) (Continued)
32120. The Board may take official notice of the terms of a CBA filed with PERB pursuant to PERB Regulation 32120; p. 9, fn. 4.