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

Single Topic for Decision J016E

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Under PERB Regulation 32500(c), the Board has the sole discretion to determine whether a case is "one of special importance,; p. 3. PERB's strict standard in judicial review cases is to ensure the fundamental rights of employees to form, join and participate in the activities of employee organizations; to prevent employee organizations' rights from being inhibited by numerous legal challenges which delay implementation of the Board's decisions; p. 3. Board has joined in request for judicial review where it found "special importance" because: (1) it was a novel issue; (2) primarily involved construction of a statutory provision unique to EERA; and (3) it was likely to arise frequently; p. 3. The interrelationship between the EERA and MMBA as raised in this case does not raise the issue to "special importance" warranting judicial review. does not raise the issue to "special importance" warranting judicial review.