CASE PROCESSING PROCEDURES; ISSUES ON APPEAL – Standard of Review/Deference to Board Decision
Single Topic for Decision 1884E
Full Decision Text (click on the link to view): Full Text
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.