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

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There is no right to request reconsideration of a Board decision resolving an appeal from a dismissal of an unfair practice charge. (Berkeley Federation of Teachers, Local 1078 (Crowell) (2015) PERB Decision No. 2405a, pp. 12-14.) In such cases, there is an extremely narrow right to seek judicial review. Specifically, a dissatisfied charging party may file a superior court petition for writ of mandate only if: (1) the Board’s decision violated a constitutional right; (2) the Board exceeded its statutory powers; or (3) the Board’s decision was based on an erroneous statutory construction. (International Assn. of Fire Fighters, Local 188, AFL-CIO v. Public Employment Relations Bd. (2011) 51 Cal.4th 259, 269-270.) (pp. 1-2.)