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

Single Topic for Decision I056Ha

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PERB Regulation 32410 does not apply to determinations the Board has made regarding injunctive relief requests. Reconsideration procedure was neither intended nor designed to permit review of Board decisions granting or denying a request for injunctive relief. The limited grounds on which a party may request reconsideration preclude a party from using the reconsideration process to reargue or re-litigate issues that have already been decided, or to register disagreement with the Board’s legal analysis. On its face, PERB Regulation 32410 (which governs requests for reconsideration of a final Board decision) is intended to provide a party the opportunity to call to the Board’s attention prejudicial errors of fact or newly discovered evidence that was previously unavailable and could not have been discovered with reasonable diligence.