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

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Perc Vol: 19
Perc Index: 26100

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

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.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
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.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.