Decision A255E – State Center Community College District

S-CE-1565

Decision Date: May 19, 1994

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 18
Perc Index: 25078

Decision Headnotes

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

A charge may be dismissed and deferred only if the conduct alleged to be an unfair practice is arguably prohibited by the collective bargaining agreement; p. 6. The positions taken by the parties at various stages of a case are not dispositive of PERB's authority to determine whether a charge must be dismissed and deferred to arbitration. In making this determination, the Board must review the contract terms and decide whether the complained of conduct is arguably prohibited by them; p. 7.