Decision J022E – Victor Valley Options for Youth Teachers Association

LA-RR-1082-E

Decision Date: December 27, 2004

Decision Type: PERB Decision

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Perc Vol: 29
Perc Index: 49

Decision Headnotes

1311.00000 – REPRESENTATION ISSUES; JUDICIAL REVIEW, REPRESENTATION, DECISIONS
1311.01000 – In General

To determine whether a case is one of “special importance,” the Board applies a strict standard of review to ensure that the fundamental rights of employees to join and participate in the activities of employee organizations is not abridged and to prevent employee organizations’ rights from being inhibited due to numerous legal challenges. The Board’s review involves a balance between the employer’s argument and the fundamental rights of employees and employee organizations. To demonstrate special importance, the petitioner must show that the Board’s order: (1) presents a novel issue; (2) primarily involves construction of an issue unique to EERA; and (3) was likely to arise frequently. OFY did not meet any of the prongs of this test in its request. The mere statement that there are 600 charter schools and the number increases annually is not a sufficient explanation for granting judicial review. Direct judicial review of unit determination cases is permitted in only very limited circumstances.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

Under EERA section 3542(a), the Board may join in a request for judicial review of a unit determination if the Board agrees that the case is one of special importance. PERB regulation 32500(c) confers on the Board sole discretion to determine whether a case is one of “special importance.”