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

Single Topic for Decision J025E

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Request failed to establish that the Board made a prejudicial error of fact that would justify reconsideration under PERB Regulation 32410(a). In the underlying decision, the Board did not find that the petitioner sought to represent volunteer part-time playground positions but merely mentioned, as part of its legal analysis, the possible effect on volunteers of holding that all part-time playground positions have representational rights under EERA. Indeed, because the record lacked any evidence about the employees petitioner sought to represent, PERB could make no factual findings about them. Further, petitioner could not use the reconsideration process as an opportunity to make its first opposition to the appeal.