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

Single Topic for Decision 2231Ma

View all topics for Decision 2231Ma

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

Request for reconsideration of decision reversing a partial dismissal of the unfair practice charge and remanding matter to the Office of the General Counsel for issuance of a complaint failed to provide grounds for reconsideration under PERB Regulation 32410, subdivision (a), where the request for reconsideration failed to demonstrate that an arbitration award arising out of an arbitration that occurred six months prior to Board’s decision qualified or an attempt to resolve dispute at mediation qualified as newly discovered evidence; also failure by the Board to include in its decision fact that the respondent subsequently offered to meet and confer after a unilateral change had already occurred did not constitute a prejudicial error of fact because the later reversal or rescission of a unilateral action or subsequent negotiation on the subject of a unilateral action does not cure the violation.