Decision 1573H – American Arbitration Association (O'Malley)

SA-CO-21-H

Decision Date: December 30, 2003

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 40

Decision Headnotes

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

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
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.

202.00000 – PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS
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.

202.00000 – PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS
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.

1400.00000 – GENERAL LEGAL PRINCIPLES; AGENCY
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.