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

Single Topic for Decision 1682Ea


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

In Desert Sands Unified School District (2004) PERB Decision No. 1682 (Desert Sands), the Board clearly intended to restore the status quo ante but erred in not ordering the District to transfer work back to the ERTs. This error meets the second basis for granting reconsideration under PERB Regulation 32410(a), i.e., that the party has newly discovered evidence which was not previously available and could not have been discovered with the exercise of reasonable diligence.) (Board grants the request because the Board’s error in not issuing a complete remedy in Desert Sands could not have been discovered until the issuance of Desert Sands; the request was timely filed; the remedy is relevant to the remedy sought to be reconsidered; and the error impacts the decision and points to the need for the remedy to correspond with the Board’s intent in Desert Sands