Decision J020E – San Diego Community College District

LA-UM-649-E

Decision Date: February 26, 2002

Decision Type: PERB Decision

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Perc Vol: 26
Perc Index: 33045

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.06000 – De Novo Review; Standard of Review by Board

In reviewing a unit determination decision on appeal from a Board agent’s decision, the Board utilized a de novo review of the record and reached a different conclusion than the Board agent.

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

The Board’s underlying decision turned on an application of the facts to the unit determination criteria contained in EERA section 3545(a). As such, the request for unit modification did not present a novel issue and did not primarily involve construction of a statutory provision unique to EERA. The request for judicial review seeks merely to relitigate issues in another forum and is nothing more than a disagreement with the Board’s exercise of the discretion vested in it by the Legialsture.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

Under PERB Regulation 32500(c), the Board has the sole discretion to determine whether a case is “one of special importance.”