Decision 1566S – State of California (Department of Parks and Recreation)

LA-CE-561-S

Decision Date: December 16, 2003

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 31

Decision Headnotes

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

Agreement’s article on changes covers subject of charge and provides that any dispute as to coverage also goes to the arbitrator. Thus deferral is appropriate. Board finds that where conduct is arguably prohibited by the agreement between the parties, the board must defer to arbitration all multiple legal theories arising from that conduct. This ensures that there is one forum for resolution of a dispute, elimination of overlapping and duplicative proceedings, and promotion of more timely resolution of disputes that contribute to employer-employee stability. If a party fails to provide support for its contention that an arbitrator’s remedy can not resolve a derivate violation the board may dismiss that violation and also refer it to arbitration with along with the initial charge.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.01000 – In General

Board finds that where conduct is arguably prohibited by the agreement between the parties, the board must defer to arbitration all multiple legal theories arising from that conduct. This ensures that there is one forum for resolution of a dispute, elimination of overlapping and duplicative proceedings, and promotion of more timely resolution of disputes that contribute to employer-employee stability. If a party fails to provide support for its contention that an arbitrator’s remedy can not resolve a derivate violation the board may dismiss that violation and also refer it to arbitration with along with the initial charge.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.11000 – Request for Deferral to Arbitration

Board finds that where conduct is arguably prohibited by the agreement between the parties, the board must defer to arbitration all multiple legal theories arising from that conduct. This ensures that there is one forum for resolution of a dispute, elimination of overlapping and duplicative proceedings, and promotion of more timely resolution of disputes that contribute to employer-employee stability. If a party fails to provide support for its contention that an arbitrator’s remedy can not resolve a derivate violation the board may dismiss that violation and also refer it to arbitration with along with the initial charge.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.12000 – Concurrent or Derivative Violations

Board finds that where conduct is arguably prohibited by the agreement between the parties, the board must defer to arbitration all multiple legal theories arising from that conduct. This ensures that there is one forum for resolution of a dispute, elimination of overlapping and duplicative proceedings, and promotion of more timely resolution of disputes that contribute to employer-employee stability. If a party fails to provide support for its contention that an arbitrator’s remedy can not resolve a derivate violation the board may dismiss that violation and also refer it to arbitration with along with the initial charge.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.04000 – Unalleged Violations

Board finds that when raising a violation for the first time on appeal there must be an identification of facts to support such violation. A charging party may not present new charge allegations or supporting evidence in an appeal unless good cause is shown.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.20000 – Other

Board finds that when raising a violation for the first time on appeal there must be an identification of facts to support such violation. A charging party may not present new charge allegations or supporting evidence in an appeal unless good cause is shown.