Decision 1765E – Los Angeles Unified School District
Decision Date: May 3, 2005
Decision Type: PERB Decision
Description: An arbitration award held that the district did not violate the CBA when it increased class size. The charge alleged that the arbitration award was repugnant to the purposes of EERA.
Disposition: The Board deferred to the arbitration award and dismissed the charge finding that the Dry Creek deferral standard was met. The facts considered by the arbitration panel are identical to the facts relevant to resolving the unfair practice charge.
Perc Vol: 29
Perc Index: 128
1102.02000 – Post Arbitration; Repugnancy
When an arbitration award covers the subject of an unfair practice charge, a post-arbitration repugnancy review is conducted to determine whether the charge must be dismissed and deferred to the arbitration award; p. 3. The party seeking to have the Board reject deferral to arbitration has the burden of showing that the deferral standard has not been met; p. 4. The Board has previously addressed the parallel between contractual and statutory claims in cases alleging repugnancy of arbitration awards; p. 4. The facts considered by the arbitration panel, including the interpretation of the applicable contract provisions, are identical to those facts relevant to resolving an unfair practice charge before PERB alleging that the District unilaterally changed the class size policy; p. 6. The Board will not substitute its judgment for that of the arbitrator; p. 6.