Decision 1659H – Trustees of the California State University (Stanislaus)

LA-CE-666-H

Decision Date: July 13, 2004

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 28
Perc Index: 198

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
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

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
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.