All notes for Subtopic 1109.03000 – Standard of Review/Deference to Board Decision
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| A504M | Consolidated Irrigation District 1109.03000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; Standard of Review/Deference to Board Decision In an appeal from an administrative determination, the appellant must demonstrate how or why the challenged decision departs from the Board’s precedents or regulations. (Children of Promise Preparatory Academy (2018) PERB Order No. Ad-470, p. 4.) In an appeal concerning a stay of a decertification election, “the inquiry on appeal is whether the OGC abused [its] discretion.” (Imagine Schools at Imperial Valley (2016) PERB Order No. Ad-431, p. 6) (p. 5.) more or view all topics or full text. | 08/14/23 | ||
| A480M | City of Bellflower 1109.03000: 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. | 45 | 42 | 09/23/20 |
| A478E | Los Angeles Unified School District 1109.03000: 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. | 44 | 163 | 04/16/20 |
| A428E | Children of Promise Preparatory Academy 1109.03000: 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. | 40 | 23 | 06/29/15 |
| 1884E | Los Angeles Unified School District 1109.03000: 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. | 31 | 60 | 01/30/07 |
| 1577Ma | County of Riverside 1109.03000: 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. | 28 | 118 | 03/18/04 |