PERB provides a process by which disputes may be resolved through voluntary grievance arbitration in accordance with Part 207 of its Rules of Procedure. Administered by PERB for a fee of $50 per party, the process is invoked through the filing of a Demand for Arbitration by either party, or through a joint Submission to Arbitrate. The procedure basically requires that:
- Petitioner serve on respondent a Demand for Arbitration and file two copies with the Director of Conciliation, together with proof of service on the respondent; or parties to a written agreement may jointly request arbitration by forwarding a Submission to Arbitrate.
- The Director of Conciliation will forward an identical panel list of seven arbitrators for each party to rank their selections in preferential order. Each party has the right to reject one entire panel list.
- Upon timely receipt of each party’s selections, and consistent with their rankings, the Director of Conciliation will designate the arbitrator.
As an alternative to the Voluntary Grievance Arbitration Procedure, PERB offers a streamlined process for resolving grievances:
Staff Mediation-Arbitration of Grievances (Med-Arb) is an expedited process that combines two well-founded dispute settlement techniques. First, the Director of Conciliation must be served with a Joint Request form signed by both parties to the grievance, and accompanied by a $50 per party administrative fee. Second, if the grievance is accepted as appropriate, a member of PERB’s professional staff is assigned to serve as mediator/arbitrator. The assigned staff person first attempts to mediate a settlement of the grievance, but if unsuccessful in that effort, stays on to hold a hearing and render an expedited, binding arbitration award.
The Arbitration Panel Administrator is charged with managing program details on a daily basis.