Decision J016E – San Francisco Community College District
SF-R-713(PERB Decision No. 1068)
Decision Date: March 1, 1995
Decision Type: Judicial Review
Description: Union requests Board to join it in seeking judicial review of the Board’s decision.
Disposition: Request denied. Issue not of special importance.
Perc Vol: 19
Perc Index: 26062
1311.01000 – In General
Under PERB Regulation 32500(c), the Board has the sole discretion to determine whether a case is "one of special importance,; p. 3. PERB's strict standard in judicial review cases is to ensure the fundamental rights of employees to form, join and participate in the activities of employee organizations; to prevent employee organizations' rights from being inhibited by numerous legal challenges which delay implementation of the Board's decisions; p. 3. Board has joined in request for judicial review where it found "special importance" because: (1) it was a novel issue; (2) primarily involved construction of a statutory provision unique to EERA; and (3) it was likely to arise frequently; p. 3. The interrelationship between the EERA and MMBA as raised in this case does not raise the issue to "special importance" warranting judicial review. does not raise the issue to "special importance" warranting judicial review.
1503.03000 – Regulations Considered (By Number) (Continued)
Under PERB Regulation 32500(c), the Board has the sole discretion to determine whether a case is "one of special importance;" p. 3.