Decision A248E – Fremont Union High School District

SF-CE-1557

Decision Date: September 24, 1993

Decision Type: PERB Decision

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Perc Vol: 17
Perc Index: 24165

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

An unfair practice case will not be deferred merely because the contract makes reference to "EERA" or includes the phrase "subject to the provisions of law;" p. 5. The Board will defer a case only where it is clear that the parties intended that the contract prohibit the alleged violative conduct; pp. 6-7.

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

An unfair practice case will not be deferred merely because the contract makes reference to "EERA" or includes the phrase "subject to the provisions of law;" p. 5. The Board will defer a case only where it is clear that the parties intended that the contract prohibit the alleged violative conduct; pp. 6-7.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.11000 – Request for Deferral to Arbitration

An unfair practice case will not be deferred merely because the contract makes reference to "EERA" or includes the phrase "subject to the provisions of law;" p. 5. The Board will defer a case only where it is clear that the parties intended that the contract prohibit the alleged violative conduct; pp. 6-7.

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

The Board will not consider additional filings made after the filing deadline absent a request by the filing party for leave of the Board and a showing of good cause; p. 2, fn. 2.