Decision A263E – Santa Ana Unified School District

In determining whether deferral is appropriate, the policy considerations for PERB and a court faced with a request to compel arbitration are different. When PERB considers whether a charge must be deferred to arbitration, it determines which forum, PERB or an arbitrator, has jurisdiction over the dispute. The Board is guided in this determination by specific statutory criteria which governs PERB's jurisdictional authority; p. 4. 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. Rather, the Board independently reviews the provisions of the parties' CBA to determine whether the complained of conduct is arguably prohibited; p. 5. It is not sufficient for the CBA to merely cover or discuss the matter, the conduct alleged to be an unfair practice must be It is not sufficient for the CBA to merely cover or discuss the matter, the conduct alleged to be an unfair practice must be