Decision 2955Ea – Hughson Unified School District
SA-CE-3181-E
Decision Date: July 14, 2025
Decision Type: PERB Decision
Description: In Hughson Unified School District (2025) PERB Decision No. 2955 (Hughson), the Board affirmed a dismissal of an unfair practice charge by PERB’s Office of the General Counsel. Thereafter, Charging Party Cynthia Ruiz filed a document titled “Request for Judicial Review.” The Board’s Appeals Office accepted Ruiz’s filing as a request that the Board reconsider its decision in Hughson.
Disposition: The Board denied Ruiz’s request. First, EERA section 3542(a)(1) and PERB Regulation 32500 explain when it is possible to file a request for judicial review: a party dissatisfied with a final PERB unit determination may ask the Board to join in a request for judicial review. But these provisions do not apply in unfair practice cases. While the Appeals Office accepted Ruiz’s filing as a reconsideration request, there is no right to request reconsideration of a Board decision resolving a dismissal appeal. Rather, in such cases there is an extremely limited right to seek judicial review. Specifically, a dissatisfied charging party may file a superior court petition for writ of mandate only if: (1) the Board’s decision violated a constitutional right; (2) the Board exceeded its statutory powers; or (3) the Board’s decision was based on an erroneous statutory construction.
Perc Vol: 50
Perc Index: 35
Decision Headnotes
1107.10000 – Request for Reconsideration
There is no right to request reconsideration of a Board decision resolving an appeal from a dismissal of an unfair practice charge. (Berkeley Federation of Teachers, Local 1078 (Crowell) (2015) PERB Decision No. 2405a, pp. 12-14.) In such cases, there is an extremely narrow right to seek judicial review. Specifically, a dissatisfied charging party may file a superior court petition for writ of mandate only if: (1) the Board’s decision violated a constitutional right; (2) the Board exceeded its statutory powers; or (3) the Board’s decision was based on an erroneous statutory construction. (International Assn. of Fire Fighters, Local 188, AFL-CIO v. Public Employment Relations Bd. (2011) 51 Cal.4th 259, 269-270.) (pp. 1-2.)
1311.01000 – In General
Under section 3542(a)(1) of the Educational Employment Relations Act (EERA) and PERB Regulation 32500, a union or employer dissatisfied with a final PERB unit determination decision may ask the Board to allow an appeal by joining in a request for judicial review. These provisions categorically do not apply in any unfair practice case. (p. 1.)