This court has de novo review of Kuehn's constitutional challenges to Minn.Stat. § 179A.06, subd. 3 because PERB found it did not have jurisdiction over those issues and therefore made no determinations as to them. Minnesota Racetrack, Inc. v. Goldberg, 403 N.W.2d 885, 889 (Minn.Ct.App. 1987). An agency's decision is reversed only when the decision reflects an error of law, the determinations are arbitrary and capricious, or the findings are unsupported by the evidence.