Decision A222E – Inglewood Unified School District
LA-CE-3021
Decision Date: June 24, 1991
Decision Type: Administrative Appeal
Description: The Board affirmed ALJ Is denial of motion to dismiss complaint on the grounds of untimeliness and deferral to arbitration. Timeliness is not properly before the Board at the pre hearing stage under PERB Regulation 32646. Regarding the issue of pre arbitration deferral, the Board found that the disputed issue was covered by the grievance machinery of the parties 1 collective bargaining agreement. However, the agreement limited the Association ‘s standing to grieve the articles and therefore PERB is the only available forum for the Association ‘s grievance in this matter. The denial of the Association ‘s right to allege a violation of EERA would not be consistent with the Act ‘s purpose and policy, and therefore the Board refused to defer to binding arbitration.
Perc Vol: 15
Perc Index: 22110
Decision Headnotes
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
Board refuses to defer to arbitration where subject matter is covered by grievance machinery of CBA, but CBA does not grant authority to Association to file grievance in its own name, because arbitrator would not have authority to hear grievance, and PERB is sole forum.
102.03000 – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Board has no authority to enforce a contract but may interpret it to determine if an unfair practice has been committed.
1101.01000 – In General
Motion to dismiss complaint on the basis of untimeliness is not appealable to the Board itself at the pre-hearing stage under PERB Regulation 32646.
1102.01000 – Pre-Arbitration
Board refuses to defer to arbitration where subject matter is covered by grievance machinery of CBA, but CBA does not grant authority to Association to file grievance in its own name, because arbitrator would not have authority to hear grievance, and PERB is sole forum. Motion to dismiss on the grounds of deferral to arbitration is properly before the Board on appeal of an ALJ's denial of a motion to dismiss at the pre-hearing stage under PERB Regulation 32646. Motion to dismiss on grounds of pre-arbitration deferral denied. Although subject matter at issue is subject to final and binding grievance procedures, the parties' agreement limits the Association's right to file a grievance in its own name to four articles, none of which are at issue. Because an arbitrator's authority is derived from the parties' Agreement, an arbitrator would be unable to hear this matter, and PERB is the sole forum. It would not follow EERA's the parties' Agreement, an arbitrator would be unable to hear this matter, and PERB is the sole forum. It would not follow EERA's
1103.11000 – Request for Deferral to Arbitration
Motion to dismiss on the grounds of deferral to arbitration is properly before the Board on appeal of an ALJ's denial of a motion to dismiss at the pre-hearing stage under PERB Regulation 32646.
1407.01000 – General Principles
Statutes are to be given a reasonable and common sense interpretation consistent with the apparent intention of the lawmakers.
1503.02000 – Regulations Considered (By Number)
32646: Motion to dismiss on the grounds of deferral to arbitration is properly before the Board on appeal of an ALJ's denial of a motion to dismiss at the pre-hearing stage under PERB Regulation 32646. Reg. 32646 does not permit an appeal to the Board of a Board Agent's denial of a motion to dismiss on the grounds of untimeliness.