Decision 1095E – Yuba City Unified School District * * * OVERRULED San Diego County Office of Education (1991) PERB Decision No. 880

S-CE-1519

Decision Date: April 27, 1995

Decision Type: PERB Decision

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Perc Vol: 19
Perc Index: 26081

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 a post-arbitration context the Board's jurisdiction is discretionary and limited solely to a determination of whether the requirements of Spielberg and Olin have been met; p. 13. A statement by an arbitrator that he declines to determine any unfair labor practice issues is not dispositive of the Board's exercise of its jurisdiction under EERA; p. 15. In a post-arbitration context, the Board declines to continue the practice of applying dual jurisdictional standards based on the section of the statute alleged to have been violated. Accordingly, the Board overrules San Diego County Office of Education (1991) PERB Decision No. 880. Once an arbitration award has been issued, the Board applies the post-arbitration deferral standard; p. 17.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.02000 – Post Arbitration; Repugnancy

In a post-arbitration context the Board's jurisdiction is discretionary and limited solely to a determination of whether the requirements of Spielberg and Olin have been met; p. 13. A statement by an arbitrator that he declines to determine any unfair labor practice issues is not dispositive of the Board's exercise of its jurisdiction under EERA; p. 15. In a post-arbitration context, the Board declines to continue the practice of applying dual jurisdictional standards based on the section of the statute alleged to have been violated. Accordingly, the Board overrules San Diego County Office of Education (1991) PERB Decision No. 880. Once an arbitration award has been issued, the Board applies the post-arbitration deferral standard; p. 17.