Decision A240E – Piedmont Unified School District

SF-CE-1562

Decision Date: March 23, 1993

Decision Type: PERB Decision

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Perc Vol: 17
Perc Index: 24065

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

Charge must be dismissed and deferred to binding arbitration when: (1) the grievance machinery of the agreement covers the matter at issue and culminates in binding arbitration; and (2) the conduct complained of in the unfair practice charge is prohibited by the provisions of the agreement between the parties; p. 3, ALJ ruling. The Board refused to defer to arbitration as the CBA does not grant authority to Association to file grievance in its own name and the arbitrator would not have authority to hear the grievance citing Inglewood Unified School District (1991) PERB Order No. Ad-222; p. 5, ALJ ruling.

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

Charge must be dismissed and deferred to binding arbitration when (1) the grievance machinery of the agreement covers the matter at issue and culminates in binding arbitration; and (2) the conduct complained of in the unfair practice charge is prohibited by the provisions of the agreement between the parties; p. 3, ALJ ruling. The Board refused to defer to arbitraiton as the CBA does not grant authority to Association to file grievance in its own name and the arbitrator would not have authority to hear the grievance citing Inglewood Unified School District (1991) PERB Order No. Ad-222; p. 5, ALJ ruling.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

Regulation 32620(b)(5). Board agent must dismiss charge where allegations are properly deferred to binding arbitration; p. 4, ALJ ruling.