Decision 1884E – Los Angeles Unified School District

LA-CE-4819-E

Decision Date: January 30, 2007

Decision Type: PERB Decision

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Decision Headnotes

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
1109.03000 – Standard of Review/Deference to Board Decision

In the absence of the presentation of newly discovered or previously unavailable evidence or special circumstances, relitigation of PERB’s unit determination is not warranted. PERB decisional law has not sanctioned an employer’s refusal to recognize an exclusive bargaining representative based on the employer’s unilateral determination that the unit is, for some reason, inappropriate.

1311.00000 – REPRESENTATION ISSUES; JUDICIAL REVIEW, REPRESENTATION, DECISIONS
1311.01000 – In General

In the absence of the presentation of newly discovered or previously unavailable evidence or special circumstances, relitigation of PERB’s unit determination is not warranted. PERB decisional law has not sanctioned an employer’s refusal to recognize an exclusive bargaining representative based on the employer’s unilateral determination that the unit is, for some reason, inappropriate.