Decision J014E – Palomar Community College District
LA-R-980(PERB Decision No. 947)
Decision Date: September 4, 1992
Decision Type: Judicial Review
Perc Vol: 16
Perc Index: 23140
1500.02000 – Education Code Sections Considered by PERB (By Number)
87610.1(e). The mere fact that the Board has not previously interpreted Educaiton Code section 87610.1(e) does not justify a request for judicial review; p. 5.
1311.01000 – In General
The Board has applied a relatively strict standard in reviewing requests for judicial review and evaluating whether cases are of special importance; p. 3. Where a request for judicial review has been granted, the issue was found to be of special importance because: (1) it was a novel issue; (2) primarily involving construction of a statutory provision unique to EERA; and (3) was likely to arise frequently; p. 4. The issue of whether department chairpersons and directors should be included in a bargaining unit is not a novel one justifying judicial review; p. 4. The mere fact that the Board has not previously interpreted Education Code section 87610.1(e) does not justify a request for judicial review; p. 5. review; p. 5.