Decision 1562S – State of California (Department of Parks and Recreation)

SA-CE-1356-S

Decision Date: December 8, 2003

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 25

Decision Headnotes

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

Union argued that state’s unilateral implementation of a new policy pending arbitration over whether the policy was negotiable constituted a separate and distinct unfair practice that was not deferrable. Board rejected union’s argument on the grounds that the state’s unilateral implementation would only constitute an unfair practice if it was negotiable, which was precisely the issue deferred to arbitration. Accordingly, entire charge was deferrable.