Decision 1204S – State of California (Department of Corrections)
SA-CE-926-S
Decision Date: June 18, 1997
Decision Type: PERB Decision
Description: Union appealed finding that an arbitrator’s award was not repugnant to the purpose of the collective bargaining agreement.
Disposition: Dismissed. Union failed to meet standard for demonstrating repugnancy.
Perc Vol: 21
Perc Index: 28116
Decision Headnotes
1102.02000 – Post Arbitration; Repugnancy
PERB will not find an arbitrator's award to be repugnant simply because the Board would have provided a different remedy. To show that an arbitrator's award is repugnant to the purposes of the Dills Act, the proponent must show that the award fails to protect the fundamentals of good faith negotiations. (Dry Creek Joint Elementary School District (1980) PERB Order No. Ad-81a.) Restoration of the status quo ante is not an appropriate remedy when an employer is only required to bargain the effects of a change in policy. (Moreno Valley Unified School District (1982) PERB Decision No. 206.)
1205.07000 – Restoration of Status Quo
Restoration of the status quo ante is not an appropriate remedy when an employer is only required to bargain the effects of a change in policy. (Moreno Valley Unified School District (1982) PERB Decision No. 206.)