California Code of Regulations
Title 8 - Industrial Relations
Division 3 - Public Employment Relations Board
Chapter 1 - Public Employment Relations Board
Subchapter 4 - Decisions of the Board Itself
Article 2 - Appeal of Board Agent Decision to the Board Itself
Section 32320 - Decision of the Board Itself
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The Board itself may:
(b) The Board shall serve a copy of the decision on each party.
(c) Unless expressly designated otherwise, all decisions and orders issued by the Board itself are precedential and may be cited in any matter pending before a Board agent or the Board itself.
(d) A majority of the Board members issuing a decision or order shall determine whether the decision or order, or any part thereof, shall be designated as non-precedential. In determining whether all or part of a decision or order shall be designated as non-precedential, the Board may consider whether the decision or order:
(e) The Board itself may reverse, in whole or in part, the prior designation of a decision or order as precedential or non-precedential. A request to reverse the precedential or non-precedential designation of a decision or order shall be made within 20 days following the date of service of the decision or order. An original and five copies of the request shall be filed with the Board itself in the headquarters office. A request seeking designation of a decision as precedential shall state with specificity why one or more of the criteria in subparagraph (d) of this Section are satisfied. A request seeking designation of a decision as non-precedential shall state with specificity why none of the criteria in subparagraph (d) are satisfied. Service and proof of service of the request pursuant to Section 32140 are required.
(f) Any response to a request to change the precedential or non-precedential designation of a decision or order must be filed within 20 days from service of the request. An original and five copies of the response shall be filed with the Board itself in the headquarters office. Service and proof of service of the response pursuant to Section 32140 are required.
(g) A request to change the precedential or non-precedential designation of a decision or order shall not stay the effectiveness of the decision or order.
(h) A ruling on a request to change the precedential or non-precedential designation of a decision or order is not subject to reconsideration under Section 32410.
Note: Authority cited: Sections 3509(a), 3513(h), 3524.52(a), 3541.3(g), 3551(a), 3555.5(c), 3563(f), 3603, 71639.1(b) and 71825(b), Government Code; and Sections 28849(b), 30751, 40122, 40122.1(a), 70122, 90300, 98162.5, 99561(f), 100301, 101344, 102399(b), 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code. Reference: Sections 3509, 3513(h), 3514.5, 3524.52(a), 3524.55, 3541.3(k), 3541.3(n), 3551(a), 3555.5(c), 3563(j), 3563(m), 3563.2, 11425.60, 71639.1 and 71825, Government Code; and Sections 25052, 28849(b), 28851, 30751, 40122, 40122.1(a), 50121, 70122, 90300, 95651, 98162.5, 99561(j), 99561(m), 99561.2, 100301, 101344, 102399(b), 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code.
Note: Authority cited: Sections 3509(a), 3513(h), 3524.52(a) 3541.3(g), 3551(a), 3555.5(c), 3563(f), 71639.1(b) and 71825(b), Government Code; and Section 99561(f), Public Utilities Code. Reference: Sections 3509, 3513(h), 3514.5, 3524.52(a), 3524.55, 3541.3(k), 3541.3(n), 3551(a), 3555.5(c), 3563(j), 3563(m), 3563.2, 11425.60, 71639.1 and 71825, Government Code; and Sections 99561(j), 99561(m) and 99561.2, Public Utilities Code.
