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

Single Topic for Decision J026H

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The Board applies a strict standard when reviewing requests for judicial review. A case has “special importance” if: (1) there is a novel issue presented; (2) the issue primarily involves the construction of a unique statutory provision; and (3) the issue is likely to arise frequently. The issue presented in this case, whether positions should be removed from the bargaining unit through reclassification, is not “novel” and the resolution of this case does not involve the construction of a unique statutory provision; rather, it involves the interpretation of a PERB regulation.