Decision J025E – Castaic Union School District
Decision Date: December 7, 2010
Decision Type: Judicial Review
Perc Vol: 35
Perc Index: 8
1107.10000 – Request for Reconsideration
Request failed to establish that the Board made a prejudicial error of fact that would justify reconsideration under PERB Regulation 32410(a). In the underlying decision, the Board did not find that the petitioner sought to represent volunteer part-time playground positions but merely mentioned, as part of its legal analysis, the possible effect on volunteers of holding that all part-time playground positions have representational rights under EERA. Indeed, because the record lacked any evidence about the employees petitioner sought to represent, PERB could make no factual findings about them. Further, petitioner could not use the reconsideration process as an opportunity to make its first opposition to the appeal.
1311.01000 – In General
Under EERA section 3542(a) and PERB Regulation 32500(c), the Board has discretion to join in a request for judicial review of a decision in a representation case only when the case is “one of special importance.” A case has “special importance” if the Board determines that: (1) there is a novel issue presented; (2) the issue primarily involves construction of a statutory provision unique to EERA; and (3) the issue is likely to arise frequently. The Board joined in a request for judicial review of its decision holding that part-time playground positions that are excluded from the classified service have no representational rights under EERA. The issue had not been addressed by a court, playground positions are unique to EERA, and a significant number of existing bargaining units contain positions that are excluded by statute from the classified service.