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

Single Topic for Decision 2101Ha

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Under PERB Regulation 32410(a), the grounds for requesting reconsideration of a final Board decision are limited to claims in which: (1) the decision of the Board itself contains prejudicial errors of fact, or (2) the party has newly discovered evidence which was not previously available and could not have been discovered with the exercise of reasonable diligence. These limited grounds preclude a party from using the reconsideration process to reargue or re-litigate issues that have already been decided. Where, as here, the request fails to identify prejudicial errors of fact or present newly discovered evidence, denial of the request is appropriate. The Board will grant a request for reconsideration pursuant to PERB Regulation 32410(a) for the purpose of conforming an order with the Board’s decision because, under the newly discovered evidence standard, the error did not exist and could not have been discovered until the issuance of its initial decision.