Prior to July 1, 2013, every decision issued by the Board was considered precedential. Effective July 1, 2013, the Board has the authority to designate appeals from dismissals as either precedential or non-precedential. (See PERB Reg. 32320(d).) In implementing this new rule, PERB decided to continue assigning non-precedential decisions a case number (e.g. PERB Decision No. 2353-E). However, PERB said that non-precedential decisions would not be listed to its Decision Bank. So if you wanted to read a non-precedential decision you would have to send a request to PERB.
Recently, the Board implemented a new system where non-precedential decisions are available via an “Email me this decision” hyperlink next to the title of the non-precedential decision. I’ve used this feature a few times. The decision is emailed to you almost instantaneously, which is great. I applaud the Board for making it easy for the public to view all of its decision.
Previous post: PERB Declines to Adopt NLRB Unit Mod Rule