Decision 1691S – State of California (Department of Transportation)
LA-CE-602-S
Decision Date: September 17, 2004
Decision Type: PERB Decision
Description: Local 12 alleged that the state unilaterally changed the workweek schedule at Shop #31 in Kearney Mesa.
Disposition: The Board dismissed the charge and deferred the charge to final and binding arbitration. Local 12’s allegations are covered by the CBA workweek provisions and entire agreement clause. The state has agreed to waive procedural defenses.
Perc Vol: 28
Perc Index: 255
Decision Headnotes
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
The allegations in the charge that the State unilaterally changed the workweek schedule at Shop #31 in Kearney Mesa is covered by the workweek provisions and entire agreement clause of the collective bargaining agreement. As the allegations in the charge are covered by the CBA, an alleged violation of the CBA provision may be submitted to binding arbitration, and the State has agreed to waive procedural defenses, the charge must be dismissed and deferred to arbitration.
1102.02000 – Post Arbitration; Repugnancy
The allegations in the charge that the State unilaterally changed the workweek schedule at Shop #31 in Kearney Mesa is covered by the workweek provisions and entire agreement clause of the collective bargaining agreement. As the allegations in the charge are covered by the CBA, an alleged violation of the CBA provision may be submitted to binding arbitration, and the State has agreed to waive procedural defenses, the charge must be dismissed and deferred to arbitration. Lengthy resolution of the grievance and arbitration process does not demonstrate futility.