Decision J029E – St. HOPE Public Schools
SA-RR-1170-E
Decision Date: March 11, 2019
Decision Type: Judicial Review
Description: A public charter school in Sacramento, St. HOPE Public Schools, requested that PERB join its effort to seek judicial review of PERB’s prior decision in this matter, which turned on PERB’s interpretation of Peralta Community College District (1978) PERB Decision No. 77 (Peralta) and its decision to grant a petition for recognition that excluded certain substitute teachers. EERA section 3542, subdivision (a) makes PERB unit determinations immune from judicial review except when, in response to a petition for judicial review from an employer or employee organization, the Board agrees that the case is one of “special importance” and joins in the request for review; or when the issue is raised as a defense to an unfair practice complaint.
Disposition: The Board denied the request to seek judicial review, concluding that the case was not one of special importance because it turned on the unique facts presented and was not likely to recur.
Perc Vol: 43
Perc Index: 153
Decision Headnotes
1311.01000 – In General
Board denied request for judicial review of unit determination decision because the underlying determination did not involve a novel issue or statutory interpretation but rather applied a settled statutory interpretation to the particular facts presented.
1311.01000 – In General
Board denied request for judicial review of unit determination decision because the underlying determination did not involve a novel issue or statutory interpretation but rather applied a settled statutory interpretation to the particular facts presented.