Decision 1573H – American Arbitration Association (O'Malley)
SA-CO-21-H
Decision Date: December 30, 2003
Decision Type: PERB Decision
Description: Charging party alleged that American Arbitration Association violated HEERA by conducting unfair and irregular agency fee hearing process. Board found that AAA was not covered by HEERA.
Disposition: Board dismissed charge.
Perc Vol: 28
Perc Index: 40
Decision Headnotes
100.01000 – In General
Board finds that it lacks jurisdiction to address the merits of the case when the responding party is not a covered entity under HEERA. Instead, the responding party is one of three entities which are authorized by PERB regulation 32994(b)(4) to select an impartial decision maker to hear agency fee appeals.
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Board finds that it lacks jurisdiction to address the merits of the case when the responding party is not a covered entity under HEERA. Instead, the responding party is one of three entities which are authorized by PERB regulation 32994(b)(4) to select an impartial decision maker to hear agency fee appeals.
202.01000 – In General; Statutory Definition
Board finds that AAA is not an agent of the exclusive representative simply because it was selected and paid by the representative to conduct an arbitration hearing. AAA was not hired to represent employees with higher education employers regarding terms and conditions of employment.
202.04000 – Agents (See also 1400)
Board finds that AAA is not an agent of the exclusive representative simply because it was selected and paid by the representative to conduct an arbitration hearing. AAA was not hired to represent employees with higher education employers regarding terms and conditions of employment.
1400.01000 – In General
Board finds that AAA is not an agent of the exclusive representative simply because it was selected and paid by the representative to conduct an arbitration hearing. AAA was not hired to represent employees with higher education employers regarding terms and conditions of employment.