Decision 1713E – East Side Union High School District

SF-CE-2298-E

Decision Date: November 23, 2004

Decision Type: PERB Decision

Description:  Charge alleged that district violated EERA by changing its policy of using a particular form for submission of public complaints against employees. District raised deferral to arbitration defense  but did not raise it in its answer to the charge.

Disposition:  Board found district violated EERA by unilateral change of form for public complaints against employees.  Board held that district deferral to arbitration defense  waived as it was not raised in the answer as deferral to arbitration is not jurisdictional but rather an affirmative defense.  That portion of Lake Elsinore School District (1987) PERB Decision No. 646 in conflict with this decision is overruled.

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Perc Vol: 29
Perc Index: 17

Decision Headnotes

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