Decision J017S – State of California (Museum of Science and Industry)
S-UM-578-S(PERB Decision No. 1117-S)
Decision Date: February 23, 1996
Decision Type: Judicial Review
Description: State requests Board to join in seeking judicial review of the Board’s decision.
Disposition: Request denied.
Perc Vol: 20
Perc Index: 27046
1311.01000 – In General
Judicial review granted where issue is of special importance which means that all three prongs are met: (1) it is a novel issue, (2) it primarily involves construction of a statutory provision unique to the Dills Act and (3) it is likely to rise again; p. 4. It is within the Board's sole discretion to determine whether a case is one of "special importance." The mere fact that a court has not ruled on an issue does not make it one of "special importance"; p. 3. Whether a particular classification meets the statutory definition of supervisory employee is not a novel issue; p. 4. The fact that the positions in question are involved in law enforcement activities does not make this a novel matter; p. 4.
1311.02000 – Procedural Issues
It is within the Board's sole discretion to determine whether a case is one of "special importance," justifying its joining in a request for judicial review; p. 3. The party seeking judicial review must satisfy all three prongs of the special importance test; p. 5.