PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Single Topic for Decision 2082E
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102.03000 – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Where an unfair labor practice charge alleges conduct by a respondent that would also violate the CBA between the parties, and is subject to binding arbitration, PERB will defer to the grievance and arbitration process. EERA grants PERB the authority to review the resulting arbitration award to determine whether it is repugnant to the purposes of EERA. However, even upon such a review, PERB’s authority remains limited to the issuance of a complaint that alleges the respondent engaged in conduct that violates EERA. EERA does not provide for an independent de novo review of third-party arbitration decisions. A charge based solely on a claim that a third-party arbitration decision is repugnant cannot stand on its own and is insufficient to state a prima facie case for violation of EERA. Here the District’s charge sought a repugnancy review of an arbitration between the parties, however, it did not allege conduct by the Respondent/Federation that violated EERA and therefore did not establish a prima facie case against the respondent for violation of the Act.