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

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To determine whether a case is one of “special importance,” the Board applies a strict standard of review to ensure that the fundamental rights of employees to join and participate in the activities of employee organizations is not abridged and to prevent employee organizations’ rights from being inhibited due to numerous legal challenges. The Board’s review involves a balance between the employer’s argument and the fundamental rights of employees and employee organizations. To demonstrate special importance, the petitioner must show that the Board’s order: (1) presents a novel issue; (2) primarily involves construction of an issue unique to EERA; and (3) was likely to arise frequently. OFY did not meet any of the prongs of this test in its request. The mere statement that there are 600 charter schools and the number increases annually is not a sufficient explanation for granting judicial review. Direct judicial review of unit determination cases is permitted in only very limited circumstances.