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

Single Topic for Decision 1884E

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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.