All notes for Subtopic 1109.03000 – Standard of Review/Deference to Board Decision

DecisionDescriptionPERC Vol.PERC IndexDate
A428E Children of Promise Preparatory Academy
1109.3000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; Standard of Review/Deference to Board Decision
When reviewing a Board agent’s determination to stay or conduct a decertification election, the proper inquiry on appeal is whether the Board agent abused his or her discretion. more or view all topics or full text.
402306/29/15
1884E Los Angeles Unified School District
1109.3000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; Standard of Review/Deference to Board Decision
In the absence of the presentation of newly discovered or previously unavailable evidence or special circumstances, relitigation of PERB’s unit determination is not warranted. PERB decisional law has not sanctioned an employer’s refusal to recognize an exclusive bargaining representative based on the employer’s unilateral determination that the unit is, for some reason, inappropriate. more or view all topics or full text.
01/30/07
1577Ma County of Riverside
1109.3000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; Standard of Review/Deference to Board Decision
Board finds employees retirement does not so impact the decision and order that the case is rendered moot because the central issue was the charging party’s right to grieve over promotions, not whether the individual employee could currently pursue her own grievance. more or view all topics or full text.
2811803/18/04

1109.3000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; Standard of Review/Deference to Board Decision
A union seeking to challenge a city's adoption of a new policy properly presented case to the Superior Court by way of traditional mandamus under Code of Civil Procedure section 1085. more or view all topics or full text.

1109.3000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; Standard of Review/Deference to Board Decision
the question of good or bad faith is primarily a factual determination based on the totality of circumstances. On appeal, the trial court's finding must be upheld if it is supported by the record as a whole. more or view all topics or full text.

1109.3000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; Standard of Review/Deference to Board Decision
The standard for review by a court of PERB decision is "to uphold the Board's decision if it is supported by substantial evidence on the whole record." (Citing Regents of the University of California v. PERB (1986) 41 Cal.3d 601.) more or view all topics or full text.

1109.3000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; Standard of Review/Deference to Board Decision
A court will uphold a decision of PERB if the decision is supported by substantial evidence on the whole record; p. 1146. more or view all topics or full text.