Decision 1659H – Trustees of the California State University (Stanislaus)
LA-CE-666-H
Decision Date: July 13, 2004
Decision Type: PERB Decision
Description: SETC alleged violation of the collective bargaining agreement. The agreement provides for final and binding arbitration of disputes.
Disposition: The Board placed in abeyance and deferred the charge to arbitration.
Perc Vol: 28
Perc Index: 198
Decision Headnotes
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
The collective bargaining agreement provides for final and binding arbitration of grievances. The definition of grievances does not limit the issues that can be grieved under the CBA. Since SETC alleged violations of the CBA, under PERB Regulation 32620(b)(6), the Board must place the charge in abeyance and dismiss the charge at the conclusion of the grievance/arbitration process unless the charging party shows that the settlement or arbitration award is repugnant to HEERA
1102.01000 – Pre-Arbitration
The collective bargaining agreement provides for final and binding arbitration of grievances. The definition of grievances does not limit the issues that can be grieved under the CBA. Since SETC alleged violations of the CBA, under PERB Regulation 32620(b)(6), the Board must place the charge in abeyance and dismiss the charge at the conclusion of the grievance/arbitration process unless the charging party shows that the settlement or arbitration award is repugnant to HEERA.