Decision A496M – County of Orange


Decision Date: October 6, 2022

Decision Type: Administrative Appeal

Description: The complaint alleged that the County of Orange discharged Charging Party Jaime Avila because he engaged in conduct protected by the MMBA. The ALJ deferred the dispute to binding arbitration under an MOU between the County and the union that represents Avila’s bargaining unit. Avila asked PERB to reverse the ALJ’s deferral order and find that the arbitration process, including the arbitration decision that ultimately issued, was repugnant to the MMBA.

Disposition: The Board affirmed the ALJ’s deferral order, finding that the parties submitted the MMBA retaliation question as one of the issues for the arbitrator to resolve and that he did so, applying the statutory standard. The Board exercised its discretion to resolve Avila’s post-arbitration repugnancy claim rather than remanding it to the ALJ and found that the arbitration process and decision were not repugnant to the MMBA. Accordingly, the Board dismissed the complaint and underlying unfair practice charge.

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Perc Vol: 47
Perc Index: 66

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