Decision J018H – Regents of the University of California and Association of Student Employees, United Automobile, Aerospace, and Agricultural Implement Workers of America, et al.
SF-RR-805-H(PERB Decision No. 1261-H)
Decision Date: September 1, 1998
Decision Type: Judicial Review
Perc Vol: 22
Perc Index: 29152
1303.09000 – Stay of
Withdrawal of an election order under HEERA would constitute a circumvention of section 3564(a) and the Board denies the employer's request for withdrawal.
1311.01000 – In General
The Board has applied a strict standard in reviewing requests for judicial review and evaluating whether cases are "of special importance" because the fundamental rights of employee organizations (HEERA sec. 3565) could be jeopardized if PERB's unit determinations were routinely subject to legal challenges; 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 unique statutory provision; and (3) was likely to arise frequently; p. 4. Frequency with which an issue may be raised is one element of the judicial review standard, but frequency alone does not indicate special importance especially when it results from the same party raising the issue in numerous cases; p. 7. A representational issue which arises frequently may be the subject of raising the issue in numerous cases; p. 7. A representational issue which arises frequently may be the subject of raises that issue for judicial review; p. 7. The interpretation of HEERA section 3562(f) regarding the status of student academic employees is not a novel issue; p. 7. Disagreement with the Board's exercise of its fundamental responsibility to approve appropriate units does not demonstrate that a case is of special importance; p. 8. HEERA section 3564 envisions two methods through which judicial review of unit determination may be obtained--PERB joining in a request for judicial review or through a party raising the issue on appeal of a Board determination in an unfair practice case which probably always will take longer. The fact that the judicial review process would be "significantly expedited" by PERB joining in the request does not demonstrate the special importance of this case; p. 8. demonstrate the special importance of this case; p. 8.
1311.02000 – Procedural Issues
With regard to issues not presented in the case at hand, PERB declines to reach the determination that a case is of special importance based on consideration of a state constitutional issue not addressed in the case before appeal; p. 8.