Decision J026H – Regents of the University of California
SF-UM-620-H and SF-UM-621-H
Decision Date: October 26, 2011
Decision Type: Judicial Review
Description: The Coalition of University Employees filed a request for judicial review of the Board’s decision in Regents of the University of California (2011) PERB Decision No. 2185-H, concerning a unit modification petition.
Disposition: The Board denied the petition for judicial review.
Perc Vol: 36
Perc Index: 68
1311.01000 – In General
The Board applies a strict standard when reviewing requests for judicial review. A case has “special importance” if: (1) there is a novel issue presented; (2) the issue primarily involves the construction of a unique statutory provision; and (3) the issue is likely to arise frequently. The issue presented in this case, whether positions should be removed from the bargaining unit through reclassification, is not “novel” and the resolution of this case does not involve the construction of a unique statutory provision; rather, it involves the interpretation of a PERB regulation.