Decision 1324E – Oakland Unified School District (Kennis)
SF-CE-2019
Decision Date: April 9, 1999
Decision Type: PERB Decision
Description: Employee appealed Board agent’s dismissal of her unfair practice charge against the District for retaliating against her for her participation in Union activities.
Description: Dismissed. Grievance machinery of the CBA covers the dispute and ends in binding arbitration.
Perc Vol: 23
Perc Index: 30095
Decision Headnotes
100.01000 – In General
To the extent a charge alleges that retaliation occurred due to race, the charge fails to state a prima facie violation of the EERA because PERB has no jurisdiction to address such claims; p. 2, warning letter.
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
The claim of retaliation must be dismissed pursuant to EERA section 3541.5(a)(2) because the grievance machinery of the CBA covers the dispute and culminates in binding arbitration; p. 3, dismissal letter.
1102.01000 – Pre-Arbitration
No futility to processing grievance was demonstrated by charging party's belief that the union would not have pursued the case to arbitration; p. 3, dismissal letter. No futility was demonstrated by charging party's lack of awareness of the requirement to pursue a grievance based on the non-discrimination language in the contract; p. 3, dismissal letter.