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

DecisionDescriptionPERC Vol.PERC IndexDate
A478E Los Angeles Unified School District
1109.3000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; Standard of Review/Deference to Board Decision
When the Board decides an appeal of a dismissal, it applies a de novo standard of review and is free to reach different legal determinations than those in the dismissal. (p. 4.) more or view all topics or full text.
04/16/20
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