CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Request for Reconsideration

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1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.10000 – Request for Reconsideration

Request for reconsideration granted where after order, parties reached agreement or negotiate through completion of statutory impasse procedures concerning the subject matter of respondent's unlawful unilateral change. Business necessity argument which was asserted or should have been asserted at the hearing does not constitute "extraordinary circumstances" justifying grant of reconsideration. Livermore Valley Jt.USD (1981) PERB Order JR-9. Rio Hondo CCD (1983) PERB Dec. No. 279a. South Bay Union SD (1982) PERB Dec. No. 207a. Request based on PERB delay is denied. To terminate liability for back pay, a subsequently negotiated agreement need only address the basic subject matter of the unilateral change, and need not constitute "waiver" by the association of its claim that the respondent acted unlawfully; p. 5, fn. 3. change, and need not constitute "waiver" by the association of its claim that the respondent acted unlawfully; p. 5, fn. 3.