the scope or instituted a new do not hire policy and to their place notices you know personnel files the union file grievances claiming contractual violations and asking the board of every collective bargaining agreement between educational employers and employees shall have a grievance procedure ns and final and binding arbitration under the act there are two separate reasons for which an employee   second separate second reason the statutory reason which is the dispute is not arbitrary goal under the act because it violates or conflicts or is consistent inconsistent with there is any doubt about the answer to that question the grievance should go and to answer that question it's a preliminary it's a very limited review the labor board does it asks whether the grievances on their there is no language identify that explicitly excludes the subject of the do not hire policy from the arbitration process and absent that specific exclusion there was also no forceful evidence of the board to decide who to hire and this is the procedures around that to do with that policy so these are procedural violations and whether or not it complies with the with the agreement always if it should always be kept in for that argument in twenty five years ago jack and that's actually the last  conflated these provisions own arbitration and bargaining throughout but they are not the same and in the wild they fall under different provisions of the act different labor practices provisions so they have different as for one test for the other here the contract was negotiated it provides the framework by which the employer employees govern their workplace  will submit to the arbitrator or delving into the merits of the of the grievance it all comes under it all that comes under the second step here we're only at this case was only at the very first preliminary step in front of the labor board it doesn't depend on speculating about the proceed through the process as the act intense there are no other state labor relations board cases both in three four in burbank said that when you're talking about the interpretation of the statute which you are here section four of the idea larry and section thirty four eighty four of the  my opponents say that central city should not be applied because it relates to our being and not the earth for ability well i don't know how we could have been works clear but to say in our collective bargaining agreement that we're not going to argue over make that decision if they file it and unfair labor practice complaint the ideal or be able to have in the first instance the right to make that decision to decide whether it's our proposal but then we have a right to as we did in this case to say no we're not going to arbitrat discretionary authority to hire can't be restricted by a collective bargaining agreement or delegated to an arbitrator and i believe that's exactly what we're asking this court finds today the two appellate cases that follow that very closely are the flexibility accorded to school district to district provision harry teachers that's what we're talking about we have a right to try out these probationary features for a couple of years that right it's really important that probationary period has been your honors with regard to the standard of review is only under the education only relations act the stately relations act is a different schemes under the educational labor relations  expertise by the facts we have what we have here are the historical facts of what the board found these grievances to be a buyout and apply it to determine whether or not there was a violation of the unfair labor with their grievance process was at that point because this is i mean this is what we're talking about this is the luminaries here so they gave the pants for arbitration there's not there's very little so if you're talking about whether or not somebody was a good teacher or whether he deserved to be renewed or not or who there is no record of any of that all of that is at stuff too of this traffic pattern because it's the merits of grievance and then th force but that we see if we're going to go to court we're going to go to the labor board we're going to refuse going to go to work we're going to have all of this without any record yes to really what the grievance you know surrounding d existing agreements the parties are disputing something under the life of their agreement or rather they're not asked oh do we have to bargain we don't want to bargain something we're not asking the question is does