Decision 1527S – State of California (Department of Youth Authority)

SA-CE-1315-S

Decision Date: May 22, 2003

Decision Type: PERB Decision

Description: The Board dismissed the unfair practice charge, which alleged that the State of California failed to bargain over a decision to send teaching staff into living units and engaged in surface bargaining over the impact of the decision.

Disposition: Dismissed. Charge must be deferred to arbitration. Union failed to present evidence of enmity by employer which would warrant refusal by Board to defer charge to arbitration.

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Perc Vol: 27
Perc Index: 100

Decision Headnotes

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.01000 – Pre-Arbitration

Union failed to present evidence of enmity by employer which would warrant refusal by Board to defer charge to arbitration.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts

Union failed to present evidence of enmity by employer which would warrant refusal by Board to defer charge to arbitration.