REPRESENTATION ISSUES; JUDICIAL REVIEW, REPRESENTATION, DECISIONS – In General
Single Topic for Decision J025M
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1311.01000 – In General
Under EERA section 3542(a) and PERB Regulation 32500(c), the Board has discretion to join in a request for judicial review of a decision in a representation case only when the case is “one of special importance.” A case has “special importance” if the Board determines that: (1) there is a novel issue presented; (2) the issue primarily involves construction of a statutory provision unique to EERA; and (3) the issue is likely to arise frequently. The Board joined in a request for judicial review of its decision holding that part-time playground positions that are excluded from the classified service have no representational rights under EERA. The issue had not been addressed by a court, playground positions are unique to EERA, and a significant number of existing bargaining units contain positions that are excluded by statute from the classified service.