Decision 1595E – Newark Unified School District


Decision Date: February 9, 2004

Decision Type: PERB Decision

Description:  Charge alleged that arbitration decision was repugnant to EERA.  Board adopted proposed decision finding that arbitrator’s decision was not unreasonably or repugnant to purposes of EERA.

Disposition:  Board dismissed charge and complaint.

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Perc Vol: 28
Perc Index: 77

Decision Headnotes

1102.02000 – Post Arbitration; Repugnancy

Board dismissed complaint alleging arbitration decision was repugnant to EERA. Arbitration decision held that written reprimands are not grievable or arbitrable under the collective bargaining agreement. This issue is factually parallel to the issue in the unfair practice complaint of unilateral change. Even if the arbitrator relied on an argument advanced in the District’s post-hearing brief, that does not make the award repugnant to the Act. Arbitrators interpretation is not beyond dispute but not palpably wrong. Arbitrator must be presented generally with facts relevant to resolving the unfair practice not all evidence deemed relevant by the grievant.