Decision J020E – San Diego Community College District
Decision Date: February 26, 2002
Decision Type: Judicial Review
Perc Vol: 26
Perc Index: 33045
1107.06000 – De Novo Review; Standard of Review by Board
In reviewing a unit determination decision on appeal from a Board agent’s decision, the Board utilized a de novo review of the record and reached a different conclusion than the Board agent.
1311.01000 – In General
The Board’s underlying decision turned on an application of the facts to the unit determination criteria contained in EERA section 3545(a). As such, the request for unit modification did not present a novel issue and did not primarily involve construction of a statutory provision unique to EERA. The request for judicial review seeks merely to relitigate issues in another forum and is nothing more than a disagreement with the Board’s exercise of the discretion vested in it by the Legialsture.
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.”