State of California, Department of Personnel Administration (Department of Parks and Recreation) (PERB 0966S)

STATE 	OP 	CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
INTERNATIONAL 	UNION OF 	OPERATING
ENGINEERS, 	CRAFT-MAINTENANCE
DIVISION 	UNIT 	12,
Charging 	Party,
v.
STATE OF CALIFORNIA, 	DEPARTMENT OF
PERSONNEL ADMINISTRATION 	(DEPARTMENT
OF 	PARKS AND RECREATION,
Respondent.
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) 	Case No. 	S-CE-621-S
PERB 	Decision No. 	966-S
January 5, 	1993
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Appearance: 	Van Bourg, 	Weinberg, 	Roger & Rosenfeld by Stewart
Weinberg, 	Attorney, 	for Craft-Maintenance Division Unit 	12,
International 	Union of Operating Engineers.
Before Hesse, 	Chairperson; 	Caffrey and Carlyle, 	Members.
DECISION AND 	ORDER
CAFFREY, 	Member: 	This 	case 	is before the Public 	Employment
Relations 	Board 	(PERB or 	Board) 	on appeal 	by the 	International
Union of Operating Engineers, 	Craft-Maintenance Division Unit 	12
of 	a 	Board 	agent's 	dismissal 	of 	its 	unfair practice 	charge 	for
lack of 	jurisdiction and deferral 	to the parties' 	contractual
arbitration process.
The Board recently 	issued a decision, 	State of California.
Department of Youth Authority 	(1992) 	PERB Decision No. 	962-S
(Youth Authority), 	in which the Board established a test to
determine whether 	an 	arbitration 	clause 	survives 	the 	expiration
of 	a 	collective bargaining 	agreement. 	The 	above-captioned 	case
raises 	a 	similar 	issue which may be 	affected by 	the 	Board's
decision 	in Youth Authority.
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e

The 	Board 	finds 	that 	remanding this 	case to 	the 	PERB 	General
Counsel 	for 	further 	investigation 	consistent with 	its 	decision 	in
Youth Authority. 	is 	in the best 	interests 	of the parties 	and 	is
consistent with the purposes of the Ralph C. 	Dills Act.1
The 	Board hereby REMANDS 	this 	case, 	State of California.
Department 	of 	Personnel Administration 	(Department 	of 	Parks 	and
Recreation). 	Case No. 	S-CE-621-S, 	to the PERB General Counsel for
further 	investigation of 	the 	charge as 	appropriate.
Chairperson 	Hesse 	and Member Carlyle 	joined 	in 	this 	Decision.
1 The 	Ralph C. 	Dills Act 	is 	codified at Government Code
section 	3512 	et 	seq.
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