Decision A248Ea – Fremont Union Union High School District

SF-CE-1557

Decision Date: November 23, 1993

Decision Type: Administrative Appeal

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Perc Vol: 18
Perc Index: 25013

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

In determining whether deferral to arbitration is appropriate, the Board determines whether the contract covers the alleged unfair practice, a party's opinion about the legality of the act is not admissible evidence.

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

In determining whether deferral to arbitration is appropriate, the Board determines whether the contract covers the alleged unfair practice, a party's opinion about the legality of the act is not admissible evidence.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.10000 – Request for Reconsideration

Statements in a grievance which constitute the Association's legal opinion that the District violated state laws is not admissible evidence; p. 4.

1404.00000 – GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION
1404.01000 – In General

In determining whether deferral to arbitration is appropriate, the Board determines whether the contract covers the alleged unfair practice, a party's opinion about the legality of the act is not admissible evidence.

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

32410(a). A party's opinion about the legality of an act is not admissible evidence and therefore does not satisfy the requirements of the regulation; p. 4.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.09000 – Opinion Evidence and Expert Testimony

Statements in a grievance which constitute the Association's legal opinion that the District violated state laws is not admissible evidence; p. 4.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.19000 – Newly Discovered Evidence

Statements in a grievance which constitute the Association's legal opinion that the District violated state laws is not admissible evidence; p. 4.