CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Other

Single Topic for Decision A446Ea

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The Board found that the District’s request for reconsideration was without even arguable merit, as it failed to comply with the basic requirements of the reconsideration regulation and recent PERB decisional law directly on point, and it included no serious argument for extending, modifying, or reversing existing law or for establishing new law to permit reconsideration of administrative determinations. However, the Board denied Charging Parties’ request for sanctions because there was no evidence the District’s reconsideration motion was brought in bad faith. PERB precedent requires that, to obtain monetary sanctions, including attorney’s fees or other reasonable litigation expenses, the moving party must demonstrate that the claim, defense, motion or other action or tactic was “without arguable merit” and pursued in “bad faith.” (pp. 5-6.)