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

Single Topic for Decision 2517C

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* * * VACATED IN PART ON OTHER GROUNDS by Fresno County Superior Court (2019) PERB Decision No. 2517a-C. * * *

As part of its de novo review, the Board itself may address matters not excepted to correct an error or prevent a serious mistake of law from becoming part of Board precedent. Although neither party had excepted, the proposed decision contained a typographical error whose effect was to suggest that an employer may restrict employees from solicitation during nonworking time, which is contrary to Board precedent. The Board corrected the editing oversight to avoid confusion regarding Board precedent. (p. 3, fn. 5.)