Decision A231S – State of California (Department of Corrections) (California Correctional Peace Officers Association) * * * OVERRULED IN PART by repeal of former PERB Reg. 32646 and OVERRULED by multiple decisions, as recognized in State of California (Department of Corrections and Rehabilitation) (2024) PERB Decision No. 2926-S, pp. 16-19 * * *
S-CE-509-S
Decision Date: April 9, 1992
Decision Type: Administrative Appeal
Decision Headnotes
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
* * * OVERRULED by multiple decisions, as recognized in State of California (Department of Corrections and Rehabilitation) (2024) PERB Decision No. 2926-S, pp. 16-19, because relied on notion that deferral was jurisdictional rather than discretionary, applied standards that are now superseded, and improperly bifurcated interrelated claims * * *
Board affirmed ALJ's denial of motion to dismiss on grounds of deferral to arbitration where grievance machinery did not cover an alleged violation of 3519(b) of the Dills Act. This is a case of first impression where a (b) case stands alone before PERB. There is a dissent.
1102.02000 – Post Arbitration; Repugnancy
* * * OVERRULED by multiple decisions, as recognized in State of California (Department of Corrections and Rehabilitation) (2024) PERB Decision No. 2926-S, pp. 16-19, because relied on notion that deferral was jurisdictional rather than discretionary, applied standards that are now superseded, and improperly bifurcated interrelated claims * * *
Board affirmed ALJ's denial of motion to dismiss on grounds of deferral to arbitration where grievance machinery did not cover an alleged violation of 3519(b) of the Dills Act. This is a case of first impression where a (b) case stands alone before PERB. There is a dissent.
1107.12000 – Interlocutory Appeal
* * * OVERRULED by repeal of former PERB Reg. 32646* * *
Reg. 32200 requires the Board agent certify an interlocutory appeal to the Board. The Board will not entertain such an appeal without Board agent certification. Reg. 32646 allows for a direct appeal to the Board of a denial of a motion to defer to binding arbitration.
1503.03000 – Regulations Considered (By Number) (Continued)
* * * OVERRULED by repeal of former PERB Reg. 32646* * *
Reg. 32200 requires the Board agent certify an interlocutory appeal to the Board. The Board will not entertain such an appeal without Board agent certification. Reg. 32646 allows for a direct appeal to the Board of a denial of a motion to defer to binding arbitration.