Decision J024E – Burlingame Elementary School District

SF-UM-611-E

Decision Date: February 14, 2007

Decision Type: Judicial Review

Description:  The district requested both that the Board reconsider its decision in PERB Dec. No. 1847 and join in its request for judicial review of the same decision.

Disposition:  The Board denied both requests, finding that the request for reconsideration was not supported by the evidence and the request for judicial review lacked “special importance”.

View Full Text (PDF)

Perc Vol: 31
Perc Index: 61

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.10000 – Request for Reconsideration

District request for reconsideration of the Board’s decision in Burlingame Elementary School District (2006) PERB Decision No. 1847 (Burlingame) is denied as the request is not supported by the evidence. In Burlingame a unit modification petition was denied where position sought to be excluded did not meet definition of confidential employee as delineated in EERA section 3540.1(c).

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
1109.01000 – In General

Unit modification petition does not rise to level of special importance necessary to establish basis for Board to request judicial review.

1311.00000 – REPRESENTATION ISSUES; JUDICIAL REVIEW, REPRESENTATION, DECISIONS
1311.02000 – Procedural Issues

Unit modification petition does not rise to level of special importance necessary to establish basis for Board to request judicial review.