Decision A516S – State of California (Department of Corrections and Rehabilitation)
SA-CE-2173-S
Decision Date: June 24, 2024
Decision Type: Administrative Appeal
Description: This case came before the Board on an interlocutory appeal filed by Respondent State of California (Department of Corrections and Rehabilitation) (CDCR) to an administrative law judge’s (ALJ) order denying its two motions to defer an unfair practice charge to arbitration. The ALJ denied Respondent’s motions on the ground that CDCR withdrew its agreement to be bound by an arbitration award when it filed a Petition to Vacate or Correct Arbitration Award in superior court.
Following the order, CDCR’s appeal, and California Correctional Peace Officers Association’s opposition thereto, the ALJ certified CDCR’s appeal to the Board itself pursuant to PERB Regulation 32200.
Disposition: The Board affirmed the ALJ’s conclusion that deferral to an arbitration award is not appropriate when the moving party refuses to be bound by the award. Hence, the Board denied the appeal and remanded the matter to PERB’s Division of Administrative Law for proceedings consistent with its order.