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

Single Topic for Decision A475Ea

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Because of PERB Regulation 32410’s “extraordinary circumstances” requirement, the Board applies the regulatory criteria strictly when reviewing a request for reconsideration. There are only two grounds for reconsideration authorized by PERB Regulations: “(1) the decision of the Board itself contains prejudicial errors of fact, or (2) the party [requesting reconsideration] has newly discovered evidence which was not previously available and could not have been discovered with the exercise of reasonable diligence.” [Citations.] The “extraordinary circumstances” warranting reconsideration are thus limited to asserted errors or omissions of fact. Purported errors of law, including the Board’s alleged improper application of its own Regulations, or a reversal of Board precedent, are not grounds for reconsideration. A party therefore 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.” [Citations.] (pp. 2-3.)