Decision A229E – Riverside Community College District

LA-CE-3038

Decision Date: February 27, 1992

Decision Type: PERB Decision

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Perc Vol: 16
Perc Index: 23046

Decision Headnotes

1404.00000 – GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION
1404.03000 – General Principles of Contract Interpretation

When considering contract interpretation disputes it is proper to consider the whole contract taken together, so as to give effect to every part. "An interpretation which gives a reasonable, lawful, and effective meaning to all the terms is preferred to an interpretation which leaves a part unreasonable, unlawful or of no effect." 1 Watkin, Summary of Cal. Law (9th ed. 1987) sections 686 and 690; p. 3.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts

PERB's authority is limited to a jurisdictional review of the language of the contract, and not to the merits of the unfair practice charge. If the conduct appears to be arguably prohibited by the contract, PERB is denied jurisdiction; p. 5. PERB's jurisdiction to determine whether to dismiss a matter on grounds of deferral, and the arbitrator's jurisdiction to determine arbitrability are separate and distinct issues. PERB does not abdicate its authority when it determines deferral is appropriate; p. 5. Doubts should be resolved in favor of coverage.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.01000 – Pre-Arbitration

PERB's authority is limited to a jurisdictional review of the language of the contract, and not to the merits of the unfair practice charge. If the conduct appears to be arguably prohibited by the contract, PERB is denied jurisdiction; p. 5. PERB's jurisdiction to determine whether to dismiss a matter on grounds of deferral, and the arbitrator's jurisdiction to determine arbitrability are separate and distinct issues. PERB does not abdicate its authority when it determines deferral is appropriate; p. 5. California has a strong policy in favor or arbitration; p. 4. Doubts should be resolved in favor of coverage.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Board will not review a new allegation under regulation 32635 unless good cause is shown.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

32635 Association has not provided good cause to excuse its failure to raise the allegation that deferral to arbitration would be futile below; p. 8.