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

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An error or omission in a remedial order can be a proper subject of reconsideration under the newly discovered evidence standard. (County of Ventura (2021) PERB Decision No. 2758a-M, p. 2.) However, this represents “a narrow avenue” allowing corrections to inadvertent errors, and it “does not allow parties to reassert remedy arguments that [the Board has] already considered and rejected.” (Id. at pp. 2-3; see also id. at p. 3, fn. 2 [reconsideration request is proper where certification order included an incorrect classification, backpay order mistakenly began relief on day of termination rather than day of administrative leave, or PERB otherwise made an inadvertent remedial error].) Thus, whether a reconsideration request focuses on the Board’s remedy or any other aspect of a Board decision, a party may not use the reconsideration process “to register its disagreement with the Board’s legal analysis, to re-litigate issues that have already been decided, or simply to ask the Board to try again.” (Id. at p. 3 [internal quotation marks and citations omitted].) (pp. 4-5, 36.)