Decision J021E – San Joaquin County Office of Education
Decision Date: July 8, 2004
Decision Type: Judicial Review
Description: Board granted unit modification to establish a new unit comprising classifications in migrant education program. County argued this was not most appropriate unit and requested judicial review.
Disposition: Request for judicial review or alternative request for reconsideration not granted where Board not required to establish “most appropriate” unit and no novel issue, unique statutory construction or likelihood that issue will be raised frequently so no special importance under PERB Regulation 32500(c).
1311.01000 – In General
Request for PERB to join in seeking judicial review or, in the alternative, reconsideration, not granted where Board granted unit modification petition to establish a unit comprising classifications of recruiter, migrant services assistant, secondary school advisor, support services facilitator and youth advocate within the County Migrant Education Program. County argued this was not most appropriate unit and requested judicial review. Board held not required to establish ‘most appropriate’ unit (EERA section 3544(a)). Judicial review denied due to lack of novel issue, unique statutory construction and likelihood that issue will be raised frequently, therefore no special importance as required under PERB Regulation 32500(c). (San Francisco: Los Angeles Unified School District (1985) PERB Order No. JR-13.