Decision 1467Ea – San Diego Community College District

The Board cannot consider the Guild’s argument that Education Code section 7054 constitutes an unconstitutional infringement on the first amendment. Under the California Constitution, administrative agencies have no power to declare statutes unconstitutional absent appellate authority.

Even if the discovery of “new” legal authority was a proper ground for reconsideration, the authority cited by the Guild was not “new” in the sense that it was issued after the Board’s decision. It was only “new” to the Guild which was not aware of the opinion earlier. Accordingly, the Guild has failed to demonstrate grounds sufficient to comply with PERB Regulation 32410(a). Board not inclined to entertain a request that neither identifies a prejudicial error of fact not newly discovered evidence but merely seeks to have the Board clarify its decision.

Petition to file informational brief denied because Board had already begun deliberations in the matter.

Formal hearing not required because the sole issue was whether District conduct violated EERA, an issue of law.

Request for oral argument denied because record and briefs in the matter adequately present the issues and positions of the parties.

Absent a clear indication of intent from the legislative history, the Board must follow the plain language of the statue.