CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Single Topic for Decision 1403Sa

View all topics for Decision 1403Sa

Full Decision Text (click on the link to view): Full Text

In reviewing requests for reconsideration, the Board has strictly applied the limited grounds included in the regulation, specifically to avoid the use of the reconsideration process to reargue or relitigate issues which have already been decided. PERB Regulation 32410 is quite specific regarding reconsideration requests based on offers of new evidence. Where charging party states that she received the letters which constitute the purported "new evidence" before the ALJ closed the record yet also states that she did not forward copies of the letters to her exclusive representative until after the administrative record closed, regulation not met because party's own statements establish that the evidence was previously available.