SECTIONS 3542 - California Statutes

GOVERNMENT CODE

SECTION 3542

3542. (a) No employer or employee organization shall have the right
to judicial review of a unit determination except: (1) when the
board in response to a petition from an employer or employee
organization, agrees that the case is one of special importance and
joins in the request for such review; or (2) when the issue is raised
as a defense to an unfair practice complaint. A board order
directing an election shall not be stayed pending judicial review.
Upon receipt of a board order joining in the request for judicial
review, a party to the case may petition for a writ of extraordinary
relief from the unit determination decision or order.
(b) Any charging party, respondent, or intervenor aggrieved by a
final decision or order of the board in an unfair practice case,
except a decision of the board not to issue a complaint in such a
case, may petition for a writ of extraordinary relief from such
decision or order.
(c) Such petition shall be filed in the district court of appeal
in the appellate district where the unit determination or unfair
practice dispute occurred. The petition shall be filed within 30 days
after issuance of the board's final order, order denying
reconsideration, or order joining in the request for judicial review,
as applicable. Upon the filing of such petition, the court shall
cause notice to be served upon the board and thereupon shall have
jurisdiction of the proceeding. The board shall file in the court the
record of the proceeding, certified by the board, within 10 days
after the clerk's notice unless such time is extended by the court
for good cause shown. The court shall have jurisdiction to grant to
the board such temporary relief or restraining order it deems just
and proper and in like manner to make and enter a decree enforcing,
modifying, or setting aside the order of the board. The findings of
the board with respect to questions of fact, including ultimate
facts, if supported by substantial evidence on the record considered
as a whole, are conclusive. The provisions of Title 1 (commencing
with Section 1067) of Part 3 of the Code of Civil Procedure relating
to writs shall, except where specifically superseded herein, apply to
proceedings pursuant to this section.
(d) If the time to petition for extraordinary relief from a board
decision has expired, the board may seek enforcement of any final
decision or order in a district court of appeal or a superior court
in the district where the unit determination or unfair practice case
occurred. The board shall respond within 10 days to any inquiry from
a party to the action as to why the board has not sought court
enforcement of the final decision or order. If the response does not
indicate that there has been compliance with the board's final
decision or order, the board shall seek enforcement of the final
decision or order upon the request of the party. The board shall file
in the court the record of the proceeding, certified by the board,
and appropriate evidence disclosing the failure to comply with the
decision or order. If, after hearing, the court determines that the
order was issued pursuant to procedures established by the board and
that the person or entity refuses to comply with the order, the court
shall enforce such order by writ of mandamus. The court shall not
review the merits of the order.