CASE PROCESSING PROCEDURES; ISSUES ON APPEAL – In General

Single Topic for Decision 1777Ea

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PERB Regulation 32410(a) provides, in part, that: “Any party to a decision of the Board itself may, because of extraordinary circumstances, file a request to reconsider the decision within 20 days following the date of service of the decision.” The joint request was filed well past the deadline to file a request for reconsideration. The Board found good cause to excuse the late filing in accordance with PERB Regulation 32136. Because of the unusual and extraordinarily dire nature of the circumstances resulting from the Board’s make whole order and the fact that it took the parties nearly a year since the issuance of its original decision to discover these circumstances, the Board found good cause to excuse the late filed joint request for reconsideration. Requests for reconsideration may only be granted under extraordinary circumstances. Consequently, the Board has strictly applied the limited grounds included in PERB Regulation 32410 to avoid the use of the reconsideration process to reargue or relitigate issues which have already been decided. Reconsideration based on newly discovered evidence is to allow the Board “to have access to evidence which was unavailable at the time of hearing which could affect the underlying determination.” In this case, the dire consequences on the District and its employees resulting from complying with the remedy in the Board’s original decision could not be ascertained by the parties at the outset.