Decision A222E – Inglewood Unified School District

LA-CE-3021

Decision Date: June 24, 1991

Decision Type: PERB Decision

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Perc Vol: 15
Perc Index: 22110

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
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.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
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

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
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.

1407.00000 – GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION
1407.01000 – General Principles

Statutes are to be given a reasonable and common sense interpretation consistent with the apparent intention of the lawmakers.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.