Decision A081Ea – Dry Creek Joint Elementary School District
S-CE-139
Decision Date: July 21, 1980
Decision Type: Administrative Appeal
Perc Vol: 4
Perc Index: 11141
Decision Headnotes
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
Post-arbitration deferral appropriate under EERA if: matters presented in the unfair practice charge were presented to and considered by the arbitrator; arbitration proceedings were fair and regular; all parties to the arbitration proceeding must have agreed to be bound by the award; and the award must not be repugnant to EERA; pp. 4-7. Board will not necessarily find an arbitration award repugnant because it would have granted a different award; it may well do so if that award fails to protect the essential and fundamental principles of good faith negotiations; p. 7. Arbitrator's remedy found to be repugnant where unilateral action found to have occurred but return to status quo ante not ordered; Board ordered issuance of complaint; p. 9.
104.03000 – Conclusiveness of Prior Determination by Federal Agencies, Other State Agencies or Courts
Prior court ruling which determined that arbitrator had not exceeded his authority in fashioning award is not conclusive on subsequent Board action to determine whether award was repugnant to EERA; prior court ruling is not res judicata because it addressed a different issue; pp. 9-10.
1102.02000 – Post Arbitration; Repugnancy
Post-arbitration deferral appropriate under EERA if: matters presented in the unfair practice charge were presented to and considered by the arbitrator; arbitration proceedings were fair and regular; all parties to the arbitration proceeding must have agreed to be bound by the award; and the award must not be repugnant to EERA; pp. 4-7. Board will not necessarily find an arbitration award repugnant because it would have granted a different award; it may well do so if that award fails to protect the essential and fundamental principles of good faith negotiations; p. 7. Arbitrator's remedy found to be repugnant where unilateral action found to have occurred but return to status quo ante not ordered; Board ordered issuance of complaint; p. 9.
1103.02000 – Issuance of Complaint
Arbitrator's remedy found to be repugnant where unilateral action found to have occurred but return to status quo ante not ordered; Board ordered issuance of complaint; p. 9.
1405.01000 – In General
Prior court ruling which determined that arbitrator had not exceeded his authority in fashioning award is not conclusive on subsequent Board action to determine whether award was repugnant to EERA; prior court ruling is not res judicata because it addressed a different issue; pp. 9-10.