Decision J014E – Palomar Community College District

LA-R-980(PERB Decision No. 947)

Decision Date: September 4, 1992

Decision Type: PERB Decision

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Perc Vol: 16
Perc Index: 23140

Decision Headnotes

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
1500.02000 – Education Code Sections Considered by PERB (By Number)

87610.1(e). The mere fact that the Board has not previously interpreted Educaiton Code section 87610.1(e) does not justify a request for judicial review; p. 5.

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

The Board has applied a relatively strict standard in reviewing requests for judicial review and evaluating whether cases are of special importance; p. 3. Where a request for judicial review has been granted, the issue was found to be of special importance because: (1) it was a novel issue; (2) primarily involving construction of a statutory provision unique to EERA; and (3) was likely to arise frequently; p. 4. The issue of whether department chairpersons and directors should be included in a bargaining unit is not a novel one justifying judicial review; p. 4. The mere fact that the Board has not previously interpreted Education Code section 87610.1(e) does not justify a request for judicial review; p. 5. review; p. 5.