MISCELLANEOUS ISSUES; REGULATIONS – Regulations Considered (By Number) (Continued)

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1503.03000 – Regulations Considered (By Number) (Continued)

In duty of fair representation cases, employees are only entitled to an award of back pay or other damages where they can show that the union’s breach was the actual or proximate cause of their injuries. It is incumbent upon the charging party to put evidence of causation into the record during PERB’s hearing process. Petitioner cannot do so on reconsideration unless the evidence is newly discovered and supported by a declaration establishing several criteria required under PERB Regulation 32410. (pp. 4-5.) The Board denied the request for reconsideration because it was not accompanied by such a declaration and, furthermore, the newly-submitted evidence was available at the time of the hearing. (p. 5.)