Decision A125E – Charter Oak Unified School District

Burden of demonstrating that deferral is appropriate is that of the party asserting it. Employer motion to defer case to arbitration properly was denied when the employer failed to reply to ALJ's request to demonstrate that the agreement between the parties provided for binding arbitration, that the issues raised by the unfair practice charge are covered by the agreement and that the issues raised by the charge will be heard by an arbitrator on the merits.