Decision J022E – Victor Valley Options for Youth Teachers Association
Decision Date: December 27, 2004
Decision Type: Judicial Review
Description: OFY requested judicial review of Options For Youth-Victor Valley, Inc. (2004) PERB Decision No. 1701, in which the Board granted the union’s request for recognition in the certificated unit, despite OFY’s claim that its status as an employer under the NLRA preempted the Board’s jurisdiction under EERA.
Disposition: The Board rejected OFY’s request because OFY did not show that this case was one of “special importance” under EERA section 3542(a). OFY did not meet any of the prongs of the test for special importance. The mere statement that there are 600 charter schools and the number increases annually is not a sufficient explanation for granting judicial review.
Perc Vol: 29
Perc Index: 49
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.
1503.02000 – 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.”