Headnote for 1884E, 1109.03000 - Standard of Review/Deference to Board Decision - California Public Employment Relations Board

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

Single Topic for Decision 1884E

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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.