REPRESENTATION ISSUES; JUDICIAL REVIEW, REPRESENTATION, DECISIONS – Procedural Issues

Single Topic for Decision A405E

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In reviewing whether a Board agent has conducted a proper investigation, the Board looks at whether or not the Board agent abused his or her discretion. Our procedures afford no guarantee or entitlement to an evidentiary hearing in a representation proceeding. As stated in PERB Regulation 33237(a). Whenever a petition regarding a representation matter is filed with the Board, the Board shall investigate and, where appropriate, conduct a hearing and/or a representation election or take such other action as deemed necessary to decide the questions raised by the petition.