This text of California § 3599.71. (3599.71. (Added by Stats. 2023, Ch. 313, Sec. 1.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)Judicial review of a unit determination is allowed only under either of the following circumstances:
(1)When the board, in response to a petition from the employer or an employee organization, agrees that the case is one of special importance and joins in the request for review.
(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.
(b)Upon receipt of a board order joining in a request for judicial review, a party to the case may
petition for a writ of extraordinary relief from the unit determination decision or order.
(c)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
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(a)
Judicial review of a unit determination is allowed only under either of the following circumstances:
(1)
When the board, in response to a petition from the employer or an employee organization, agrees that the case is one of special importance and joins in the request for review.
(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.
(b)
Upon receipt of a board order joining in a request for judicial review, a party to the case may
petition for a writ of extraordinary relief from the unit determination decision or order.
(c)
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 the decision or order.
(d)
The 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 the 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 the time is extended by the court for good cause shown. The court has jurisdiction to grant to the board any 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, except where specifically superseded herein, apply to proceedings pursuant to this section.
(e)
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. If, after a 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 the order by writ of mandamus. The court shall not review the merits of the order.