Decision 1324E – Oakland Unified School District (Kennis)

SF-CE-2019

Decision Date: April 9, 1999

Decision Type: PERB Decision

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Perc Vol: 23
Perc Index: 30095

Decision Headnotes

100.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA
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.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
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.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
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.