All notes for Subtopic 1107.10000 – Request for Reconsideration

DecisionDescriptionPERC Vol.PERC IndexDate
2633Ea Lake Elsinore Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Board denied charging party’s request to reconsider its decision to deny her motion to enforce a settlement agreement because the Board does not have statutory authority to enforce private agreements, and charging party’s request simply contended that the Board erred in reaching this conclusion. Under long-established Board law, a party 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.” more or view all topics or full text.
06/28/19
2667Pa San Diego Metropolitan Transit System
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
The grounds for reconsideration are limited to claims that: “(1) the decision of the Board itself contains prejudicial errors of fact, or (2) the party has newly discovered evidence which was not previously available and could not have been discovered with the exercise of reasonable diligence.” (PERB Reg. 32410(a).) A party cannot 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. (p. 2) The Board denied the request for reconsideration because it failed to address either of the required criteria but challenged solely the Board’s legal analysis and conclusions in the underlying decision, which is not a basis for reconsideration. (Ibid.) more or view all topics or full text.
11/07/19
2591Mb County of Riverside
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
County filed a request to accept a late-filed opposition to a request for reconsideration of a precedential decision filed by union pursuant to PERB Regulation 32136, which allows a late filing to be excused “in the discretion of the Board for good cause only.” County also filed its proposed late-filed opposition. Board was not required to decide if County demonstrated good cause for its requested late filing, as consideration of County’s late-filed arguments would not affect the outcome of Board’s reconsideration decision. more or view all topics or full text.
4311801/04/19
A446Ea Lake Elsinore Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Because a public school employer’s request for reconsideration concerned a Board decision resolving an appeal from an administrative determination, there was no factual record to reconsider. Prior board precedent had determined that reconsideration is not available for decisions arising from administrative appeals. There are only two grounds for reconsideration authorized by PERB Regulation 32410: (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. The Regulation’s focus on prejudicial error of fact or newly-discovered evidence indicates that the reconsideration procedure is limited to Board decisions based on a proposed decision and developed factual record following a formal hearing or stipulated record. (pp. 3-5.) more or view all topics or full text.
4214805/15/18
2591Ma County of Riverside
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Error in remedial order is a proper subject of reconsideration under newly discovered evidence standard, because erroneous remedial order did not exist and could not have been discovered until the Board issued its decision. (Desert Sands Unified School District (2004) PERB Decision No. 1682a, pp. 4-5; Regents of the University of California (Davis) (2011) PERB Decision No. 2101a-H, p. 5.) more or view all topics or full text.
4310812/18/18
2545Ea Alliance College-Ready Public Schools et al.
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reconsideration denied where the request: (1) primarily asserted legal error, not factual error; (2) relied on facts not timely brought to the Board’s attention in exceptions or response to cross-exceptions; and (3) failed to proffer newly discovered evidence. more or view all topics or full text.
43806/20/18
2450Ea Jurupa Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
A request for reconsideration fails to satisfy the requirements of PERB Regulation 32410(a) when it simply reiterates the same facts and arguments made on appeal of the original proposed decision, and fails to show that the Board made a prejudicial error of fact in its decision. A suggestion that the Board has made errors of law may not serve as grounds for reconsideration. more or view all topics or full text.
4010512/22/15
2461Ma County of Tulare
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reconsideration procedure is not interchangeable with a motion for recusal under PERB Regulation 32155. Because Union was on notice as of the date of board member’s appointment to PERB that he could have been assigned to a panel that considered this case, Union could have filed a motion for his recusal pursuant to PERB Regulation 32155, subdivision (f) upon learning of his appointment to the Board. The event triggering the time limits in PERB Regulation 32155, subdivision (f) is simply the possibility, not a certainty, that the board member in question may be on a particular panel. Board refuses to strike language in its decision that union considered “derogatory commentary” because it denied request for reconsideration. more or view all topics or full text.
4014502/29/16
2380Ma City of Selma
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Disagreement with the Board’s legal conclusions is not a legitimate ground for reconsideration. more or view all topics or full text.
395510/17/14
2391Ha Trustees of the California State University (East Bay)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Because reconsideration may only be granted under “extraordinary circumstances,” the Board applies PERB Regulation 32410 strictly. A request for reconsideration is not simply an opportunity to ask the Board to try again. The limited grounds on which a party may request reconsideration preclude a party from using the reconsideration process to re-argue or re-litigate issues that have already been decided. Neither may a party use the reconsideration process to register disagreement with the Board’s legal analysis. On its face, PERB Regulation 32410 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. A party may file only one request for reconsideration of a Board decision, except in those cases where a prior request for reconsideration has resulted in the issuance of a completely revised decision. Since charging party’s initial request for reconsideration did not result in the issuance of a completely revised decision, the Board disregarded charging party’s procedurally defective second request, and solely considered his original request. The evidence submitted by charging party does not meet the requirements under PERB Regulation 32410(a), either because it is not relevant to the issues sought to be reconsidered under PERB Regulation 32410(a)(4), and/or it does not impact or alter the decision of the previously decided case under PERB Regulation 32410(a)(5). When charging party attaches documents to request that are dated prior to the PERB hearing and fails to explain why he could not have discovered these documents prior to the hearing with the exercise of reasonable diligence, the request for reconsideration does not comply with PERB Regulation 32410(a)(l) (evidence “was not previously available”), subdivision (a)(2) (evidence “could not have been discovered prior to the hearing with the exercise of reasonable Diligence”), and subdivision (a)(3) (evidence “was submitted within a reasonable time of its discovery”). more or view all topics or full text.
3914604/14/15
2394C Santa Clara County Superior Court
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
PERB Regulation 32410 governs requests for reconsideration and limits such requests to claims that: (1) the Board’s decision contained prejudicial errors of fact; or (2) the party has newly discovered evidence which was not previously available and could not have been discovered with the exercise of reasonable diligence. Requests for reconsideration based on newly discovered evidence, must be accompanied by a declaration under penalty of perjury establishing that the evidence: (1) was not previously available; (2) could not have been discovered prior to the hearing with the exercise of reasonable diligence; (3) was submitted within a reasonable time of its discovery; (4) is relevant to the issues sought to be considered; and (5) impacts or alters the decision of the previously decided case. more or view all topics or full text.
395610/20/14
2405Ea Berkeley Federation of Teachers, Local 1078 (Crowell)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reversing decades of Board practice, the Board held that a Board decision arising out of the dismissal of an unfair practice charge by the Office of the General Counsel is not subject to the petition for reconsideration procedure applicable to Board decisions arising out of exceptions to a proposed decision by an administrative law judge under PERB Regulation 32410; the reconsideration procedure allows the Board to reconsider a Board decision that is based on a hearing record and is therefore not applicable to Board decisions arising from the dismissal of an unfair practice charge by the Office of the General Counsel after charge processing and investigation; because the Board’s review of a dismissal of an unfair practice charge by the Office of the General Counsel is limited to the allegations of the charge and, where appropriate, the position statement of the respondent, a second Board review of the same charge allegations and same position statement serves no statutory or regulatory purpose. more or view all topics or full text.
3916004/29/15
A398M County of Santa Clara
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
A party may file only one request for reconsideration of a Board decision, except in those cases where a prior request for reconsideration has resulted in the issuance of a completely revised decision. The Board’s decision granting Charging Party’s request to withdraw his appeal from dismissal in Case No. SF-CE-988-M does not constitute “new evidence” warranting reconsideration in this case. more or view all topics or full text.
03/08/13
A411M County of Santa Clara
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Under PERB Regulation 32410, parties are limited to one request for reconsideration of a Board decision. more or view all topics or full text.
3815804/18/14
2316Ma County of Yolo
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Where the prevailing party in a Board decision requested clarification only to take issue with the Board’s remedial order, such request for clarification is treated as a request for reconsideration; the grounds for reconsideration are limited to prejudicial error of fact and newly discovered evidence, and a request to enlarge the remedial order falls into neither category. more or view all topics or full text.
381806/28/13
2302Ha Regents of the University of California
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Where the request for reconsideration neither identifies prejudicial errors of fact nor presents newly discovered evidence, the request for reconsideration will not be granted; the limited grounds for reconsideration preclude using the reconsideration process as a means to reargue or re-litigate issues that have been previously raised before the Board on exceptions to the administrative law judge’s proposed decision; the Board’s characterization of the exceptions in the Board’s decision does not constitute a prejudicial error of fact. more or view all topics or full text.
03/21/13
2305Sa State of California (Department of Mental Health, Department of Developmental Services)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Where the underlying allegations of the unfair practice charge do not relate to any conduct that is within PERB’s jurisdiction, request for reconsideration will not be granted. more or view all topics or full text.
03/08/13
I056Ha Trustees of the California State University (East Bay)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
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. more or view all topics or full text.
386110/16/13
2231Ma Stanislaus Consolidated Fire Protection District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for reconsideration of decision reversing a partial dismissal of the unfair practice charge and remanding matter to the Office of the General Counsel for issuance of a complaint failed to provide grounds for reconsideration under PERB Regulation 32410, subdivision (a), where the request for reconsideration failed to demonstrate that an arbitration award arising out of an arbitration that occurred six months prior to Board’s decision qualified or an attempt to resolve dispute at mediation qualified as newly discovered evidence; also failure by the Board to include in its decision fact that the respondent subsequently offered to meet and confer after a unilateral change had already occurred did not constitute a prejudicial error of fact because the later reversal or rescission of a unilateral action or subsequent negotiation on the subject of a unilateral action does not cure the violation. more or view all topics or full text.
3618505/23/12
2267Mb County of Santa Clara
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Second request for reconsideration, filed nearly five months after Board issued its final decision on the merits and two months after it issued decision denying first request for reconsideration, denied as untimely because it was not filed within 20 days after service of either of the Board’s decisions. Even if considered timely, request fails to establish grounds for reconsideration based upon discovery of purported new evidence consisting of statement made by opposing counsel in argument. more or view all topics or full text.
11/27/12
2267Ma County of Santa Clara
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reiterating the same facts and arguments made on appeal does not satisfy the requirements of PERB Regulation 32410(a). All of the issues identified in the request for reconsideration were adequately addressed by the ALJ and by the Board in its original decision, and the request for reconsideration fails to establish any prejudicial error of fact. The request also fails to establish grounds for reconsideration based upon the discovery of new evidence. more or view all topics or full text.
08/02/12
2249Ma National Union of Healthcare Workers
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for reconsideration of decision remanding unfair practice charge to the Office of General Counsel for issuance of a complaint failed to provide grounds for reconsideration under PERB Regulation 32410(a) where the request did not establish a prejudicial error of fact, but instead simply expressed disagreement with the Board’s legal determination that the allegations of the charge were sufficient to state a prima facie case and warranted the issuance of a complaint in order to permit litigation over disputed facts. more or view all topics or full text.
07/16/12
2255Ha Regents of the University of California (Irvine)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Pursuant to Board’s longstanding policy favoring voluntary settlement of disputes, it effectuates the purposes of HEERA to grant joint request for reconsideration to permit withdrawal of exceptions to the ALJ’s proposed decision. more or view all topics or full text.
06/28/12
2236Ma Office and Professional Employees International Union, Local 39, AFL-CIO and Central Labor Councils (Fowles)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for reconsideration of decision remanding charge for issuance of complaint failed to provide grounds for reconsideration under Regulation 32410(a), where charge allegations raised both disputed factual and legal issues. Argument that merely reasserts legal argument considered by the Board does not establish a prejudicial error of fact upon which reconsideration may be granted, but instead simply expresses disagreement with Board’s legal determination that allegations of the charge were sufficient to state a prima facie case and to warrant issuance of a complaint in order to develop a full record upon which it may be determined whether respondent complied with its obligations under the MMBA. more or view all topics or full text.
3616404/25/12
2211Ma City of Santa Monica
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
To establish a basis for reconsideration based upon a prejudicial error of fact, the Board’s errors must be factual, not legal, in nature. A disagreement over the legal analysis employed by the Board is not grounds for reconsideration even if it amounts to a prejudicial error of law resulting from application of its own case law. Failure to raise an issue on exceptions to the administrative law judge’s decision precludes consideration of that issue on reconsideration. more or view all topics or full text.
3610012/29/11
2101Ha Regents of the University of California (Davis)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Under PERB Regulation 32410(a), the grounds for requesting reconsideration of a final Board decision are limited to claims in which: (1) the decision of the Board itself contains prejudicial errors of fact, or (2) the party has newly discovered evidence which was not previously available and could not have been discovered with the exercise of reasonable diligence. These limited grounds preclude a party from using the reconsideration process to reargue or re-litigate issues that have already been decided. Where, as here, the request fails to identify prejudicial errors of fact or present newly discovered evidence, denial of the request is appropriate. The Board will grant a request for reconsideration pursuant to PERB Regulation 32410(a) for the purpose of conforming an order with the Board’s decision because, under the newly discovered evidence standard, the error did not exist and could not have been discovered until the issuance of its initial decision. more or view all topics or full text.
354602/24/11
2182Ma California Nurses Association (Rosa)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for reconsideration that restates arguments made before the Board agent and before the Board on appeal denied. PERB Regulation 32410(a) does not allow a party to reargue or relitigate issues which have already been decided. Board will not consider additional evidence that charging party allegedly failed to provide due to medical condition, in the absence of declaration under penalty of perjury establishing that the proffered evidence meets five specific criteria set PERB Regulation 32410. Criteria not met, where charging party fails to explain how medical condition prevented her from providing the information previously to either the Board agent or the Board itself. Thus, the request fails to establish that the evidence constitutes newly discovered evidence that was not previously available and could not have been discovered with the exercise of reasonable diligence under PERB Regulation 32410(a). Even if Board were to consider this evidence, it does not demonstrate that the Board’s decision contains prejudicial errors of fact. more or view all topics or full text.
363708/29/11
A388Ea Victor Valley Community College District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
In its request for reconsideration, the union contends the Board erred by failing to determine that the two police officers it excluded from its proposed bargaining unit were not peace officers under the Penal Code and, therefore, find they were properly excluded from the proposed unit. In essence, the union’s request for reconsideration reiterates the arguments it made on appeal. However, restating arguments made on appeal does not satisfy the criteria for reconsideration in PERB Regulation 32410. more or view all topics or full text.
354102/17/11
J025M Castaic Union School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
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. more or view all topics or full text.
35812/07/10
2058Ma San Bernardino County Public Defender
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Pursuant to PERB Regulation 32410, a party seeking reconsideration must show either the decision of the Board itself contains prejudicial errors of fact, or the party has newly discovered evidence which was not previously available and could not have been discovered with the exercise of reasonable diligence. Simply arguing the same facts that were presented to the Board on appeal does not meet the requirements of PERB Regulation 32410. more or view all topics or full text.
3318010/30/09
2066Ma Metropolitan Water District of Southern California
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for reconsideration failed to establish either ground for reconsideration set forth in PERB Regulation 32410(a). The request merely restated arguments made on appeal and no sworn declaration was provided in support of newly presented facts. Alleged prejudicial errors of fact were not material to the Board’s decision and Board’s alleged error of law in finding no good cause to consider late filed addendum to appeal is not grounds for granting reconsideration. more or view all topics or full text.
343012/30/09
1982Ea Service Employees International Union, Local 221 (Meredith)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Board denied request for reconsideration of Board decision remanding duty of fair representation allegation to General Counsel for issuance of a complaint. Decision did not contain prejudicial errors of fact because respondent would have the opportunity to present and rebut evidence at the hearing on the complaint. Further, respondent could not use the reconsideration process as an opportunity to make its first opposition to the appeal. more or view all topics or full text.
333301/27/09
1953Ma Carmichael Recreation and Park District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
The Board denied a request for reconsideration filed by Penny Kelley (Kelley) of the Board’s decision in Carmichael Recreation & Park District (2008) PERB Decision No. 1953-M because Kelley was not a party. more or view all topics or full text.
3210806/27/08
1924Ea San Leandro Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Pursuant to PERB Regulation 32410, a party seeking reconsideration must show either the decision of the Board itself contains prejudicial errors of fact, or the party has newly discovered evidence which was not previously available and could not have been discovered with the exercise of reasonable diligence. Simply arguing the same facts that were presented to the Board on appeal does not meet the requirements of PERB Regulation 32410. more or view all topics or full text.
321312/21/07
J024E Burlingame Elementary School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
District request for reconsideration of the Board’s decision in Burlingame Elementary School District (2006) PERB Decision No. 1847 (Burlingame) is denied as the request is not supported by the evidence. In Burlingame a unit modification petition was denied where position sought to be excluded did not meet definition of confidential employee as delineated in EERA section 3540.1(c). more or view all topics or full text.
316102/14/07
1940Ma Stationary Engineers Local 39 (Fisher)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for reconsideration denied where no grounds under PERB Regulation 32410 stated. Simply arguing the same facts that were presented to the Board on appeal does not meet the requirements of PERB regulation 32410. more or view all topics or full text.
326403/28/08
1777Ea King City Joint Union High School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
PERB Regulation 32410(a) provides, in part, that: “Any party to a decision of the Board itself may, because of extraordinary circumstances, file a request to reconsider the decision within 20 days following the date of service of the decision.” The joint request was filed well past the deadline to file a request for reconsideration. The Board found good cause to excuse the late filing in accordance with PERB Regulation 32136. Because of the unusual and extraordinarily dire nature of the circumstances resulting from the Board’s make-whole order and the fact that it took the parties nearly a year since the issuance of its original decision to discover these circumstances, the Board found good cause to excuse the late-filed joint request for reconsideration. Requests for reconsideration may only be granted under extraordinary circumstances. Consequently, the Board has strictly applied the limited grounds included in PERB Regulation 32410 to avoid the use of the reconsideration process to reargue or relitigate issues which have already been decided. Reconsideration based on newly discovered evidence is to allow the Board “to have access to evidence which was unavailable at the time of hearing which could affect the underlying determination.” In this case, the dire consequences on the District and its employees resulting from complying with the remedy in the Board’s original decision could not be ascertained by the parties at the outset. more or view all topics or full text.
316402/16/07
1817Ha University Professional and Technical Employees, Communications Workers of America Local 9119 (Nichols, et al)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for dismissal of request for reconsideration treated as withdrawal of request. Withdrawal of request for reconsideration granted as moot, in the interest of the parties and consistent with the purposed of HEERA. more or view all topics or full text.
01/24/07
1818Ha University Professional and Technical Employees, Communications Workers of America Local 9119 (Hawley, et al.)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for dismissal of request for reconsideration treated as withdrawal of request. Withdrawal of request for reconsideration granted as moot, in the interest of the parties and consistent with the purposed of HEERA. more or view all topics or full text.
01/24/07
1819Ha University Professional and Technical Employees, Communications Workers of America Local 9119 (Jiminez-Newby)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for dismissal of request for reconsideration treated as withdrawal of request. Withdrawal of request for reconsideration granted as moot, in the interest of the parties and consistent with the purposed of HEERA. more or view all topics or full text.
01/24/07
1820Ha University Professional and Technical Employees, Communications Workers of America Local 9119 (Yaron)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for dismissal of request for reconsideration treated as withdrawal of request. Withdrawal of request for reconsideration granted as moot, in the interest of the parties and consistent with the purposed of HEERA. more or view all topics or full text.
01/24/07
1821Ha University Professional and Technical Employees, Communications Workers of America Local 9119 (Ball)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for dismissal of request for reconsideration treated as withdrawal of request. Withdrawal of request for reconsideration granted as moot, in the interest of the parties and consistent with the purposed of HEERA. more or view all topics or full text.
01/24/07
1540Sa State of California (Department of Corrections)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reconsideration granted and charge remanded to General Counsel for further investigation based on finding that union could not pursue charging party’s grievance to arbitration. more or view all topics or full text.
288502/24/04
1682Ea Desert Sands Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
In Desert Sands Unified School District (2004) PERB Decision No. 1682 (Desert Sands), the Board clearly intended to restore the status quo ante but erred in not ordering the District to transfer work back to the ERTs. This error meets the second basis for granting reconsideration under PERB Regulation 32410(a), i.e., that the party has newly discovered evidence which was not previously available and could not have been discovered with the exercise of reasonable diligence.) (Board grants the request because the Board’s error in not issuing a complete remedy in Desert Sands could not have been discovered until the issuance of Desert Sands; the request was timely filed; the remedy is relevant to the remedy sought to be reconsidered; and the error impacts the decision and points to the need for the remedy to correspond with the Board’s intent in Desert Sands more or view all topics or full text.
292011/30/04
1620Ma Alameda County Medical Center
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Kimbrough’s request for reconsideration because Kimbrough did not state either of the grounds in the request and therefore is dismissed. more or view all topics or full text.
2818606/29/04
1621Ma International Association of Firefighters Local 55 (Waqia)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
For the first time in this request, Waqia alleges that Local 55 did not pursue arbitration of his grievance because of racial and religious bigotry. This allegation is unsupported by facts or evidence. more or view all topics or full text.
2818306/17/04
A337Ha Regents of the University of California
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Board finds that a charging party’s request for reconsideration should be denied when it did not state a ground for reconsideration as described in Section 32140.) more or view all topics or full text.
2823908/19/04
1577Ma County of Riverside
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Board finds request for reconsideration timely filed even though past the twenty day filing period because a five day extension will be given if request is sent by mail and an extension will be given to the next business day if the last day to file falls on a Sunday. more or view all topics or full text.
2811803/18/04
1655Ma Marin County Law Library
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for reconsideration denied where no grounds under PERB Regulation 32410 stated. more or view all topics or full text.
2824508/30/04
A338Ma Marin County Law Library
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for reconsideration denied where no grounds set forth in PERB Regulation 32410 included. Grounds set forth in PERB Regulation 32410 must be stated for request to be considered by Board. more or view all topics or full text.
2824408/30/04
1645Ea Oakland Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for reconsideration denied where no grounds as set forth in PERB Regulation 32410 were stated. Rearguing the same facts presented on appeal does not fulfill the requirements of PERB Regulation 32410. more or view all topics or full text.
2824308/30/04
1646Ea Oakland Education Association (Ferguson)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for reconsideration denied where no grounds set forth in PERB Regulation 32410 were stated. Rearguing the same facts presented on appeal does not fill the requirements of PERB Regulation 32410. more or view all topics or full text.
2823708/06/04
1559Sa State of California (Department of Corrections)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
A request for reconsideration must be denied unless an employee states with specificity the limited grounds that support a grant of reconsideration. more or view all topics or full text.
288302/19/04
1585Ha Regents of the University of California
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for Reconsideration denied where based on improper grounds. Grounds set forth in PERB Regulation 32410 must be set forth for reconsideration request to be considered. more or view all topics or full text.
2812404/02/04
1609Ha Trustees of the California State University (San Bernardino)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for reconsideration that does not meet criteria set forth in PERB Regulation 32410 and therefore shall not be considered. more or view all topics or full text.
2819006/30/04
1557Ea Chula Vista Elementary School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for reconsideration is not simply an opportunity to ask the Board to “try again.” As charging party failed to satisfy PERB Reg. 32410, request for reconsideration is denied. more or view all topics or full text.
2813504/29/04
1575Ea Chula Vista Elementary Educators Association (Larkins)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Although new evidence was presented, charging party failed to demonstrate that new evidence was relevant or that it was submitted within a reasonable time. As requirements of PERB Reg. 32410 are not met, request for reconsideration is denied. more or view all topics or full text.
2813604/29/04
1415Ea California School Employees Association, Chapter 296 (Morrison)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
The Board denied Charging Party's request for reconsideration as it merely restated the grounds contained in his earlier appeal which were considered and rejected in the Board's underlying decision. more or view all topics or full text.
253204803/16/01
A306Ea Poway Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for reconsideration constituted little more than a vehement restatement of the arguments raised earlier on appeal. The Board has strictly applied the limited grounds included in the regulation, specifically to avoid the use of the reconsideration process to reargue or relitigate issues which have already been decided. Request denied. more or view all topics or full text.
253203403/05/00
1354Ha Regents of the University of California (Bawal, et al.)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reconsideration under Regulation 32410 requires extraordinary circumstances however, the Board has never ruled definitively on what constitutes "extraordinary circumstances." This reconsideration request does not identify any circumstances that would fall under the common understanding of the term "extraordinary"; production error in original decision not prejudicial error of fact and does not qualify as grounds for reconsideration. more or view all topics or full text.
243110005/24/00
1387Ea San Bernardino Teachers Association, CTA/NEA (Cooksey)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reconsideration requests are governed by PERB Regulation 32410, which requires extraordinary circumstances. The Board has strictly applied the limited grounds included in the regulation, specifically to avoid the use of the reconsideration process to reargue or relitigate issues which have already been decided. Charging party's argument on timeliness is an attempt to relitigate this issue and will not be reconsidered. Charging party's offer of evidence, i.e., a recent hearing at which she was vindicated, would only constitute grounds for reconsideration if it would impact or alter the decision of the previously decided case. Even with the new evidence, this ground is not met because the request does not establish that the duty of fair representation was triggered or violated, and the result in the case does not change. Accordingly, the Board cannot grant reconsideration. more or view all topics or full text.
243114209/13/00
1358Ea Los Angeles County Education Association, CTA/NEA (Burton)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Rearguing facts previously introduced and ruled upon by the Board in the underlying decision fails to present proper grounds for reconsideration. Board has strictly applied the limited grounds included in PERB Regulation 32410 to avoid the use of the reconsideration process to reargue or relitigate issues which have already been decided. Inaccurate description of fact in the dismissal letter does not require reconsideration of the decision because inaccuracy does not evidence prejudicial error of fact. more or view all topics or full text.
243105402/11/00
A326S State of California (Department of Transportation)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Under PERB Regulation 32410(a), the presentation of new evidence as a basis for exceptions to an ALJ’s final decision cannot be considered a request for reconsideration because a request for reconsideration can only be made based on a final decision of the Board itself. more or view all topics or full text.
278706/20/03
1467Ea San Diego Community College District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Even if the discovery of “new” legal authority was a proper ground for reconsideration, the authority cited by the Guild was not “new” in the sense that it was issued after the Board’s decision. It was only “new” to the Guild which was not aware of the opinion earlier. Accordingly, the Guild has failed to demonstrate grounds sufficient to comply with PERB Regulation 32410(a). Board not inclined to entertain a request that neither identifies a prejudicial error of fact not newly discovered evidence but merely seeks to have the Board clarify its decision. more or view all topics or full text.
275504/18/03
1337Sa State of California (Water Resources Control Board)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Rearguing facts previously introduced and ruled upon by the Board in the underlying decision fails to present proper grounds for reconsideration. Board has strictly applied the limited grounds included in PERB Regulation 32410 to avoid the use of the reconsideration process to reargue or relitigate issues which have already been decided. more or view all topics or full text.
243101812/02/99
1479Sa California State Employees Association (Hard, et al.)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
The Board did not misinterpret CSEA’s Bylaws and therefore, on reconsideration, there was no prejudicial error of fact. The Board’s holdings regarding its right to review of CSEA’s membership and dismissal provisions and its finding of interference with Landingham’s protected rights was not a misapplication of Board precedent. In objecting to the Board’s findings, CSEA was asserting that the Board made a legal, not a factual, error. Purported errors of law are not grounds for reconsideration. The Board disagrees that its reference to the SEIU hearing officer’s report comprised a prejudicial error of fact, was inappropriate under the hearsay rule, or was inconsistent with PERB Reg. 32176. CSEA’s objections on this issue involve interpretation of legal documents and the rules of evidence, not issues of fact. As stated above, purported errors of law are not grounds for reconsideration. The Board disagrees that its sua sponte review of the ALJ’s reliance upon California State Employees Association (Hackett, et al.) (1993) PERB Decision No. 979-S in order to avoid a “serious mistake of law” was a prejudicial error of fact. Board precedent allows such sua sponte review and has held that reversal of precedent does not constitute grounds for reconsideration. [Apple Valley Unified School District (1990) PERB Order No. Ad-209a]. more or view all topics or full text.
27210/21/02
1471Ea State Center Community College District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Argument alleging prejudicial error of fact need not be addressed on reconsideration when the underlying Board decision did not turn upon the alleged error of fact. The request for reconsideration merely reargues the case, thus failing to demonstrate grounds sufficient to comply with PERB Regulation 32410(a). more or view all topics or full text.
263304602/28/02
1456Ea Hart District Teachers Association (Mercado and Bloch)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request denied due to fact that newly discovered evidence existed at the time of the hearing and Charging Party using due diligence could have reasonably discovered it. more or view all topics or full text.
263302511/20/01
A299Sa California State Employees Association (Hutchinson)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request denied since it does not claim that the Board's decision contains prejudicial error of fact, or that charging party has discovered new evidence. Consequently, charging party's request for reconsideration fails to demonstrate grounds sufficient to comply with PERB Regulation 32410; p. 2. more or view all topics or full text.
243103012/21/99
1360Ea Los Angeles County Office of Education (Burton)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Failure to label pleading as a "Request for Reconsideration" not fatal. Information supplied by charging party evidences no prejudicial error of fact and thus fails to comply with Regulation 32410. more or view all topics or full text.
243105502/11/00
1355Sa California State Employees Association (Hutchinson)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request denied since it does not claim that the Board's decision contains prejudicial error of fact, or that charging party has discovered new evidence. Consequently, charging party's request for reconsideration fails to demonstrate grounds sufficient to comply with PERB Regulation 32410; p. 2 more or view all topics or full text.
243102912/21/99
1342Ea North Orange County Community College District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request based on same timeliness arguments raised earlier does not constitute grounds for reconsideration pursuant to PERB Regulation 32410. In reviewing requests for reconsideration, the Board has strictly applied the limited grounds included in that regulation, specifically to avoid the use of the reconsideration process to reargue or relitigate issues which have already been decided. The Board has declined to reconsider matters previously offered by the parties and rejected in the underlying decision. more or view all topics or full text.
243101912/02/99
1343Ea United Faculty Association of North Orange County (Kiszely)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request based on same timeliness arguments raised earlier does not constitute grounds for reconsideration pursuant to PERB Regulation 32410. In reviewing requests for reconsideration, the Board has strictly applied the limited grounds included in that regulation, specifically to avoid the use of the reconsideration process to reargue or relitigate issues which have already been decided. The Board has declined to reconsider matters previously offered by the parties and rejected in the underlying decision. more or view all topics or full text.
243102012/02/99
1334Ea Madera County Office of Education
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request denied since it alleged no new evidence or extraordinary circumstances but referred to matters previously considered in the underlying decision and did not demonstrate that the Board's decision contained prejudicial errors of fact; p. 3. more or view all topics or full text.
233016509/02/99
1302Ea Coachella Valley Federation of Teachers, California Federation of Teachers/American Federation of Teachers (Kok)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Since all of the relevant information in the reconsideration request had been included in the appeal already considered by the Board, it fails to demonstrate grounds for reconsideration sufficient to comply with PERB Regulation 32410; p. 3. more or view all topics or full text.
233007503/11/99
1303Ea Coachella Valley Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Because all of the relevant information in the reconsideration request had been included in the appeal already considered by the Board, it fails to demonstrate grounds for reconsideration sufficient to comply with PERB Regulation 32410; p. 3. more or view all topics or full text.
233007603/11/99

1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Petitioner waived its claim of error by filing the request for reconsideration without asserting PERB's omission as a prejudicial error of fact. The grounds for reconsideration are limited to claims that the decision of the Board itself contains prejudicial errors of fact, or newly discovered evidence or law which was not previously available and could not have been discovered with the exercise of reasonable diligence; p. 1127. more or view all topics or full text.
A292Ea Coachella Valley Unified School District (Kok)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
The Board strictly applies the limited grounds included in PERB Regulation 32410 to avoid the use of the reconsideration process to reargue or relitigate issues which have already been decided; p. 2. This request was denied since it alleged no new evidence and did not demonstrate that the Board's decision contained prejudicial errors of fact; p. 3. more or view all topics or full text.
233007703/11/99
A255Ea State Center Community College District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
While the Board's description of a provision of the parties' agreement may have been imprecise, it did not alter the Board's analysis, nor constitute prejudicial error of fact; p. 5. A party's mere restatement of arguments previously made and considered by the Board does not constitute appropriate grounds for reconsideration; p. 6. more or view all topics or full text.
182511408/19/94
A248Ea Fremont Union Union High School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Statements in a grievance which constitute the Association's legal opinion that the District violated state laws is not admissible evidence; p. 4. more or view all topics or full text.
182501311/23/93
A235E Saddleback Community College District (Goffredo)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
PERB Regulation 32410 provides that reconsideration may be granted by the Board on the basis of, inter alia, "newly discovered evidence . . . which was not previously available and could not have been discovered with the exercise of reasonable diligence." more or view all topics or full text.
162316710/27/92
A228Ea Los Angeles Unified School District (Woods)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Restatement of arguments considered and rejected by the Board in its underlying decision does not state proper grounds for reconsideration pursuant to PERB Regulation 32410; p. 2. more or view all topics or full text.
162305403/19/92
A230Ea Sonoma County Ofdice of Education
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
32410--Reconsideration denied as no extraordinary circumstances because claim that PERB appeals assistant's letter rejecting exceptions was unclear not supported by reading of the letter, p. 2. more or view all topics or full text.
162308105/22/92
A221Sa State of California (Department of Personnel Administration) (California State Employees Association)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Board denied request for reconsideration where party merely restated arguments made in its previous appeal; p. 3. more or view all topics or full text.
152212107/10/91
A209Ea Apple Valley Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reversal of precedent by the Board in the underlying decision is not "newly-discovered law" and Board is not constrained from applying legal analysis not urged by the parties or from raising legal issues sua sponte in order to correct a serious mistake of law; pp. 2-3. Purported errors of law do not constitute proper grounds for reconsideration; p. 3. more or view all topics or full text.
142118409/19/90
A177Ha California State University (California Faculty Association)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Mere restating of arguments previously considered and rejected by the Board in the underlying decision does not constitute a proper ground for reconsideration; p. 2. more or view all topics or full text.
132004802/15/89
A187Ea Jamestown Elementary School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Purported error of law is not a proper ground for reconsideration; p. 2. more or view all topics or full text.
132018609/05/89
A163Ea Santa Monica-Malibu Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Mere reiteration of argument previously considered and rejected by the Board in the underlying decision is not a proper ground for reconsideration; p. 3. Request deficient because it fails to articulate why the cases cited by the Board or regional director are not sufficiently analogous to be instructive nor why the Board's interpretation of it's regulations was otherwise in error; pp. 3-4. more or view all topics or full text.
111811306/23/87
A158Ea Alum Rock Union Elementary School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Mere reassertions of legal arguments considered and rejected by the Board in an underlying decision, does not consititute extraordinary circumstances justifying reconsideration; p. 3. No reconsideration where party does not allege that the Board's decision contains prejudicial errors of fact or newly discovered evidence or law which was not previously available; p. 3. more or view all topics or full text.
111801812/30/86
A144Sa State of California (Franchise Tax Board) (Heyburn)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for reconsideration denied without explanation. more or view all topics or full text.
91608302/13/85
A140E Oakland Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Compliance with order in PERB Decision No. 367 is stayed pending review of request for reconsideration. more or view all topics or full text.
81504402/27/84
A141E Mt. Diablo Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Compliance with order in PERB Decision No. 373 is stayed pending review of request for reconsideration. more or view all topics or full text.
81511806/29/84
A100Ha Phase II Professional and Operations Hearings (Higher Education Employer-Employee Relations Act-University of California)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reconsideration of employee organization's standing in election is denied. more or view all topics or full text.
41119511/14/80
A093S State Employer-Employee Relations Act - Service Employees International Union, Local 411
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Regulation 32410 necessitates a finding of extraordinary circumstances prior to the granting of a request for reconsideration; this standard not satisfied where employee organization seeks reconsideration of the ballot-eligibility cut-off date established in previous unit determination decision and regional director's denial of its status of "election requestor" on the ballot, but where appellant is eligible to appear on the ballot, the ballot does not distinguish between requestors and intervenors, and placement of names on ballot is determined by the parties or by chance. more or view all topics or full text.
41110606/11/80
A067E Bassett Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reg. 32410 does not permit the same party from repeatedly filing requests for reconsideration. However, a different party aggrieved by a reconsideration decision may request further reconsideration. more or view all topics or full text.
31009007/03/79
A062E Bassett Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Substantial errors of law or fact constitute grounds for reconsideration. An alleged error by the Board in calculating the deadline for filing the decertification petition is sufficient because the matter of filing time requirements is critical. more or view all topics or full text.
31004503/23/79
A024E Santa Ana Unified School District (Lubnau)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for reconsideration denied where party failed to raise newly discovered information or information previously unavailable. more or view all topics or full text.
2204901/31/78
1306Ea Service Employees International Union, Local 99 (Cooke)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request denied since it alleged no new evidence and did not demonstrate that the Board's decision contained prejudicial errors of fact; p. 3. more or view all topics or full text.
233008103/24/99
1299Sa State of California (Department of Industrial Relations)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Assertion that Board's finding of no discriminatory motive is not supported by the record does not demonstrate that the Board decision contains prejudicial error of fact. Thus, reconsideration is denied under Regulation 32410. more or view all topics or full text.
233004301/14/99
1300Ea Los Angeles Unified School District (Seliga)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Board will not grant a request for reconsideration where the party making the request has failed to establish any ground set forth in PERB Regulation 32410; p. 3. Reconsideration is not appropriate where a party merely restates arguments considered and rejected by the Board in its underlying decision; pp. 3-4. more or view all topics or full text.
233005702/01/99
1290Sa State of California (Department of Food and Agriculture)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
This request denied since it alleged no new evidence and did not demonstrate the Board decision contained prejudicial errors of fact; p. 3. Evidence discovered prior to the filing of the amended charge which was partly included in the appeal of the dismissal does not constitute new evidence and the reconsideration request is denied; p. 3. more or view all topics or full text.
233004201/14/99
1278Ea Long Beach Community College District (California School Employees Association)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Board will not grant a request for reconsideration where the party making the request has failed to establish any ground set forth in PERB Regulation 32410; p. 5. Reconsideration is not appropriate where a party merely restates arguments considered and rejected by the Board in its underlying decision; pp. 5, 6. Board finds no grounds for reconsideration where party challenges only legal conclusions; p. 6. more or view all topics or full text.
222917610/22/98
1268Ea North Orange County Community College District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
This request denied since it presented no new evidence which could not have been discovered with the exercise of reasonable diligence and did not demonstrate the Board decision contained prejudicial erros of fact and refers primarily to matters previously considered in the underlying decision; p. 3. The Board strictly applies the limited grounds included in PERB Regulation 32410 to avoid the use of the reconsideration process to reargue or relitigate issues which have already been decided; p. 2. more or view all topics or full text.
222914508/14/98
1269Ea United Faculty Association of North Orange County Community College District (Kiszely)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
This request denied since it presented no new evidence which could not have been discovered with the exercise of reasonable diligence and did not demonstrate the Board decision contained prejudicial errors of fact and refers primarily to matters previously considered in the underlying decision; p. 3. The Board strictly applies the limited grounds included in PERB Regulation 32410 to avoid the use of the reconsideration process to reargue or relitigate issues which have already been decided; p. 2. more or view all topics or full text.
222914608/14/98
1259Ea Fall River Joint Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
The Board strictly applies the limited grounds included in PERB Regulation 32410 to avoid the use of the reconsideration process to reargue or relitigate issues which have already been decided; p. 5. A request for reconsideration which merely asserts a Board decision contains "prejudicial error" fails since PERB Regulation 32410 requires the claim to assert prejudicial errors of fact; p. 5. more or view all topics or full text.
222910806/18/98
1232Ea Chula Vista Elementary School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Board will not grant a request for reconsideration where the party making the request has failed to establish any ground set forth in PERB Regulation 32410; p. 5. Reconsideration is not appropriate where a party merely restates arguments considered and rejected by the Board in its underlying decision; p. 5. more or view all topics or full text.
222905702/19/98
1173Ha American Federation of State, County and Municipal Employees (Shek)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
A blanket challenge to Board's factual findings with no basis in fact is insufficient to support request for reconsideration under Regulation 32410; p. 4. Allegation that Board ignored material allegation in dismissing charge is insufficient to support a request for reconsideration where dismissal letter specifically addressed allegation; p. 5. more or view all topics or full text.
212804602/05/97
1145Sa State of California (Department of Personnel Administration) (California Union of Safety Employees)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Newly discovered evidence standard is not appropriate grounds for reconsideration when the Board affirmed a Board agent's prehearing partial dismissal of an unfair practice charge; p. 5. Board determination that transfer of employees and positions from one unit to another was a transfer of unit work, not a bargaining unit modification, is unaffected by whether the transfer occurred prior to the Board's consideration. The actual occurrence of the transfer does not constitute "newly discovered evidence" under PERB Regulation 32410; p. 6. Board denies reconsideration when a party merely restates arguments previously considered by the Board; p. 7. more or view all topics or full text.
202713508/29/96
1138Ea Barstow Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
The Board granted reconsideration on the basis that a 4th District Appellate Court decision, which stayed CSEA's separate Education Code violation Superior Court case for failure to exhaust administrative remedies at PERB, constituted newly discovered law under PERB Regulation 32410; p. 9. more or view all topics or full text.
202710405/31/96
1132Ea American Federation of Teachers College Staff Guild, Local 1521 (Mrvichin)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
The Board has strictly applied the limited grounds set out in PERB Regulation 32410 in considering reconsideration requests specifically to avoid the use of the reconsideration process to reargue or relitigate issues which have already been decided; p. 2. No reconsideration where party provides no explanation from which the Board can determine how its failure to respond to each exception constitutes prejudicial error of fact; p. 3. more or view all topics or full text.
202706603/20/96
1121Ea California School Employees Association (Rodriquez)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
32410(a). No reconsideration where charging party offers new evidence but does not explain why it is either newly discovered or not previously available; pp. 2-3. more or view all topics or full text.
03/12/96
1125Sa State of California (Department of Parks and Recreation)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
32410(a), 32136. Where parties fail to provide any explanation for the late filing (18 months late here), the Board is precluded from finding that good cause exists; p. 5. more or view all topics or full text.
212815909/24/97
1100Sa State of California (Department of Corrections)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
The issue of PERB's jurisdiction has been thoroughly litigated and the Board's decision does not constitute prejudicial error of fact. The request does not meet the standard for reconsideration under Regulation 32410(a); p. 6. more or view all topics or full text.
192612308/30/95
1093Ha California State University (California State Employees Association)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
32410(a). No reconsideration where charging party failed to establish that the Board's decision contains prejudicial errors of fact, or that there is newly discovered law or evidence which would support reconsideration of the decision; pp. 2-3. more or view all topics or full text.
192611207/21/95
1093Hc California State University (California State Employees Association)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Regulation 32410 - Claim that Board made legal error in interest rate award fails to meet reconsideration standard; p. 4. Regulation 32410 - Omission of Court ordered costs in order constitutes prejudicial error of fact; p. 4. Omission of cost recovery in PERB decision on remand as contained in reviewing courts decision is a prejudicial error of fact within the meaning of Reg. 32410. more or view all topics or full text.
212811006/06/97
1081Ea San Francisco Community College District (Leptich)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
32410(a). Reconsideration denied because no demonstration of extraordinary circumstances or specific grounds upon which reconsideration may be granted. more or view all topics or full text.
192609205/05/95
1074Ea American Federation of Teachers (Leptich)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
32410(a). Reconsideration denied because no demonstration of extraordinary circumstances or specific grounds upon which reconsideration may be granted. more or view all topics or full text.
192607103/20/95
1047Ea Redwoods Community College District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
PERB has denied requests for reconsideration which merely repeat legal arguments already offered, or which argue that the Board decision contains errors of law; p. 2. The union's failure to raise an issue as an exception to the ALJ's proposed decision is a waiver of the right to except and does not constitute proper grounds for a request for reconsideration; p. 6. more or view all topics or full text.
182515110/13/94
1041Ea Los Angeles Unified School District (United Teachers Los Angeles)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reconsideration not appropriate when a party simply restates arguments which were considered and rejected by the Board in its underlying decision; p. 2. more or view all topics or full text.
182510106/15/94
1043Sa California State Employees Association (Janowicz)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
32410(a). No reconsideration where charging party failed to establish that the Board's decision contains prejudicial errors of fact, or that there is newly discovered law or evidence which would support reconsideration of the decision; pp. 2-3. more or view all topics or full text.
182507605/12/94
1033Ea Healdsburg Union Elementary School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
32410(a). No reconsideration where the district failed to establish that the Board's decision contains prejudicial errors of fact, or that there is newly discovered law or evidence which would support reconsideration of the decision; pp. 3-4. more or view all topics or full text.
182506604/11/94
1014Sa California State Employees Association (Garcia)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reconsideration denied as evidence presented in reconsideration request was not newly discovered evidence. CSEA has access to evidence when the case was before the Board agent and the Board; p. 2. more or view all topics or full text.
182500911/16/93
0969Sa California State Employees Association (Mitchell)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Despite voluminous filings, charging party failed to cite any newly discovered evidence or law which would justify reconsideration by the Board; p. 2. more or view all topics or full text.
172408404/27/93
0964Ea Los Angeles Unified School District (Watts)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Charging party failed to provide any information which would suggest that a further review of the case is appropriate; p. 3. more or view all topics or full text.
172403902/05/93
0908Ea Los Angeles Community College District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reconsideration is not appropriate where party restates an argument which was considered and rejected by Board in its underlying decision; pp. 2-3. more or view all topics or full text.
162302401/08/92
0876Ea Glendora Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Restatement of arguments previously made in its appeal and failure to identify any prejudicial errors of fact or newly discovered evidence or law which was not previously available and could not have been discovered with the exercise of reasonable diligence does not state proper grounds for reconsideration pursuant to PERB Regulation 32410. more or view all topics or full text.
152211507/01/91
0860Ea Los Angeles Unified School District (United Teachers Los Angeles)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for reconsideration denied by Board on basis that alleged legal errors are not proper ground for request, and alleged factual errors constituted a misstatement of the ALJ and Board findings; pp. 3-4. more or view all topics or full text.
152205202/26/91
0856Ea Elk Grove Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Board denied request for reconsideration on grounds that record was insufficient to establish that the Board was mistaken in its conclusion that the Association was not a party to the appeal; therefore, there were no extraordinary circumstances nor prejudicial errors of fact to justify reconsideration. more or view all topics or full text.
152205903/06/91
0845Ha California State University, Fresno
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Respondent failed to show decision contained prejudicial errors of fact, Board denied request for reconsideration. more or view all topics or full text.
152204102/13/91
0831Ea ABC Unified School District (American Federation of State, County and Municipal Employees)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
The failure to serve respondent with a request for withdrawal is a denial of due process and constitutes extraordinary circumstances sufficient to grant reconsideration. more or view all topics or full text.
142121611/16/90
0832Ea Los Angeles Unified School District (Watts)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Where party fails to demonstrate the comments made by him regarding the facts of the underlying case before PERB members at a public meeting resulted in prejudice, reconsideration will not be granted; pp. 4-5. Reconsideration is not appropriate where party restates an argument which was considered and rejected by the Board in its underlying decision; pp. 4-5. more or view all topics or full text.
142120110/25/90
0829Ha Regents of the University of California (Fried, et al.)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for reconsideration denied where party merely reiterated arguments previously considered and rejected by the Board in the underlying decision. more or view all topics or full text.
142118509/19/90
0818Ea Oakland Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Arguments previously considered and rejected do not constitute proper grounds for reconsideration; p. 2. Board did not mischaracterize expert testimony concerning a possible change in status of annuity plan and, in any event, charging party failed to prove that the parties agreed to any change in the plan that could have changed its status; pp. 2-4. Board did not err in stating that charging party's present position is inconsistent with its position in an earlier case, because there was no indication that the new position was taken previously and it is nevertheless not supported by the evidence; p. 4-5. Board has authority to interpret terms of annunity plan incorporated by reference into CBA in order to determine if a unilateral change in policy took place; pp. 5-6. Declaration of attorney for trustees of annunity plan not newly-discovered evidence because issue addressed was intrinsic to dispute and no showing that attorney for trustees of annunity plan not newly-discovered evidence because issue addressed was intrinsic to dispute and no showing that more or view all topics or full text.
142117709/17/90
0808Ea Woodland Joint Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Board denied request for reconsideration on grounds findings of fact were supported in the record or were not relied upon by the Board in arriving at its ultimate conclusion. Other arguments made by the District were rejected on the grounds they merely restated arguments previously considered and rejected by the Board and therefore do not constitute proper grounds for reconsideration. more or view all topics or full text.
142116308/17/90
0810Sa State of California (Department of Parks and Recreation) * * * OVERRULED by State of California (Department of Corrections) (1995) PERB Decision No. 1100-S
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Claim that Board's decision contained errors of law does not state a proper ground for reconsideration pursuant to Reg. 32410; p. 3. more or view all topics or full text.
142115408/01/90
0805Ha Trustees of the California State University (Statewide University Police Association)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Board granted request and stated that a decision on the merits would follow. more or view all topics or full text.
142112006/14/90
0799Ha California State University (California Faculty Association)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for reconsideration denied--Board did not make mistake of fact by misconstruing significance of newly-proffered evidence where Board's interpretation of the evidence was consistent with the asserted significance of the evidence in the original motion to reopen the record; even if there was a mistake of fact, it was not prejudicial; pp. 3-4. more or view all topics or full text.
142109705/11/90
0797Ea United Teachers-Los Angeles (Farrar)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Board denied request for reconsideration where no material difference in allegations in decision and request and no showing that alleged errors of fact were prejudicial. more or view all topics or full text.
142109905/07/90
0791Ea South Bay Union School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request denied; alleged errors of fact were nonprejudicial, other alleged errors were legal and not subject to reconsideration under Reg. 32410; request for full Board participation denied. more or view all topics or full text.
142109404/19/90
0734Sa State of California (California Department of Forestry and Fire Protection) * * * OVERRULED IN PART by State of California (Department of Corrections) (1995) PERB Decision No. 1100-S
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Assertion that PERB made error of law does not constitute grounds for reconsideration; p. 3. more or view all topics or full text.
132017308/24/89
0703Ea San Francisco Community College District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for reconsideration denied where Board rejected charging party's allegations that Board decision contained prejudical errors of law and fact. more or view all topics or full text.
132004902/16/89
0705Ea Los Angeles Unified School District (Watts)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Board rejected request for reconsideration as there was no showing that evidence was previously unavailable. more or view all topics or full text.
132013106/19/89
0692Ha California Faculty Association (Wang)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reconsideration inappropriate when party merely restates an argument previously considered and rejected by Board in its underlying decision. Charging Party's recent awareness of HEERA does not constitute newly discovered evidence. more or view all topics or full text.
132002312/29/88
0664Ea Oxnard Educators Association (Gorcey and Tripp)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Party requesting reconsideration on the basis of newly discovered evidence must establish that the evidence (1) is newly discovered, (2) that reasonable diligence has been exercised in its discovery and production, and (3) that it is material in the sense that it is likely to produce a different result. more or view all topics or full text.
121915208/26/88
0626Ea Tustin Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Improper ground - mere reiteration and arguments previously considered and rejected. more or view all topics or full text.
111818310/29/87
0622Ea Riverside Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reiteration of arguments previously considered and rejected not proper ground for reconsideration. more or view all topics or full text.
111815608/31/87
0566Ea Modesto City and High School Districts
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reconsideration denied where District argues after the issuance of the decision that it returned to status quo ante and therefore the make- whole remedy was inappropriate; issue properly left to compliance preceding. Reconsideration denied where union relies primarily on arguments previously heard by Board where no showing of extraordinary circumstances. more or view all topics or full text.
111805202/13/87
0562Ea Riverside Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request denied where arguments are primarily assertions previously presented. more or view all topics or full text.
101710305/16/86
0557Ea Nevada Joint Union High School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reconsideration denied - where charging party mischaracterized Board's finding on remedy. more or view all topics or full text.
101707804/10/86
0554Ea Morgan Hill Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Mere restatement of argument previously considered and rejected is improper grounds for reconsideration. Proper ground - is new law available at time of original appeal. While all Board members are free to join any case, there is no right to have the full Board consider a request for reconsideration. more or view all topics or full text.
101707103/20/86
0551Sa State of California (Department of Developmental Services)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
"Newly discovered" evidence standard of Reg. 32410 assumes there has been a hearing. Even if applicable to dismissal of charge prior to hearing, as here, the evidence was not "newly discovered" and, alternatively if it was, it does not cure deficiency in charge; to extent request is restatement of arguments already raised and rejected, reconsideration is not appropriate. more or view all topics or full text.
111805903/03/87
0537Eb El Dorado Union High School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reconsideration denied where union failed to show error of law or fact. more or view all topics or full text.
101709505/05/86
A356M Service Employees International Union Local 790
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for reconsideration must be made within twenty days of the service of final decision. Here the request was made nearly six months after the service and therefore is considered untimely. more or view all topics or full text.
3015808/30/06
1721Ea San Francisco Unified School District and City and County of San Francisco
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
The underlying case was remanded for issuance of a complaint. The Board denied the employer's request for reconsideration finding that the employer's factual arguments were better suited for an evidentiary hearing. more or view all topics or full text.
299803/02/05
1707Ma Alameda County Medical Center
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Flenoy’s conclusory allegation that new evidence was not previously available with the exercise of reasonable diligence before the dismissal of the charge does not suffice to demonstrate its truth. The remaining new evidence does not convince the Board that Flenoy has shown nexus between her protected activity and termination. Flenoy has not met the requirements for reconsideration. more or view all topics or full text.
297202/04/05
1219Ea Service Employees International Union, Local 99 (Wardlaw)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Where a party merely reiterates arguments previously made before the Board, his request for reconsideration will be denied. (California State Employees Association, Local 1000 (Janowicz) (1994) PERB Decision No. 1043a-S; Regents of the University of California (1990) PERB Decision No. 829-H.) Similarly, when a party offers evidence on reconsideration, but fails to state why the evidence could not have been previously presented, his request will be denied. (PERB Reg. 32410.) more or view all topics or full text.
222905602/19/98
0534Ha Regents of the University of California (Berkeley)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reconsideration denied where party merely reasserts arguments previously made; no proper grounds where party asserts no prejudice by alleged improper acts by Board. more or view all topics or full text.
101706603/12/86
0519Ea Centralia School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reconsideration denied; Board rejects argument that new contract window period exists only in employees could rely on such period. more or view all topics or full text.
101706102/24/86
0518Ea Modesto City Schools and High School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reconsideration granted to modify remedy. Request for reconsideration on basis of newly discovered evidence denied. more or view all topics or full text.
101712006/20/86
0429Ea Beaumont Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request denied without comment. more or view all topics or full text.
91606501/22/85
0399Ea Corning Union High School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Lengthy delay between issuance of hearing officer's decision and issuance of Board decision is not appropriate ground for reconsideration. Employees harmed by an employer's unilateral decision should not forfeit their rights to full make-whole remedy because of administrative delay. more or view all topics or full text.
81519210/17/84
0375Ea San Mateo City School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reconsideration justified where remedy will not effectuate purposes of Act; p. 3. more or view all topics or full text.
81511406/20/84
0373Ea Mt. Diablo Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Board denied Association's request for enforcement of back pay order of Decision No. 373 based on fact that Association's request for reconsideration was pending. more or view all topics or full text.
81511806/29/84
0373Eb Mt. Diablo Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Mere restatement of legal argument considered and rejected by Board is not an "extraordinary circumstance" which justifies granting reconsideration of Board decision; p. 3. Board granted reconsideration to consider unalleged violations involving conduct which occurred after the charge was filed; p. 16. more or view all topics or full text.
81514208/15/84
0367Eb Oakland Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reconsideration denied where District misstated Board's findings, where absence of certain findings was not prejudicial, and where ambiguity in the order could be resolved in compliance proceedings. more or view all topics or full text.
81509405/23/84
0364Ea Anaheim City School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Mere reassertion of a legal argument that has been considered and rejected by the Board in an underlying decision is not the sort of "extraordinary circumstance" that justifies granting reconsideration of a Board decision. more or view all topics or full text.
81508805/14/84
0360Ea Arcohe Union School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for reconsideration granted only to modify order to reflect a change in the exclusive representative. more or view all topics or full text.
81509005/16/84
0360E Arcohe Union School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for reconsideration granted for limited purpose. more or view all topics or full text.
71429411/23/83
0351Ha California State University (Statewide University Police Association)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reconsideration means to review a previous matter implies that the same body that first issued the decision would review it and rule again. Request for reconsideration does not include right to reexamination by other than original panel of Board. more or view all topics or full text.
81509705/30/84
0318Ea Pittsburg Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for reconsideration granted where after order, parties reached agreement or negotiate through completion of statutory impasse procedures concerning the subject matter of respondent's unlawful unilateral change. Business necessity argument which was asserted or should have been asserted at the hearing does not constitute "extraordinary circumstances" justifying grant of reconsideration. Livermore Valley Jt.USD (1981) PERB Order JR-9. Rio Hondo CCD (1983) PERB Dec. No. 279a. South Bay Union SD (1982) PERB Dec. No. 207a. Request based on PERB delay is denied. To terminate liability for back pay, a subsequently negotiated agreement need only address the basic subject matter of the unilateral change, and need not constitute "waiver" by the association of its claim that the respondent acted unlawfully; p. 5, fn. 3. change, and need not constitute "waiver" by the association of its claim that the respondent acted unlawfully; p. 5, fn. 3. more or view all topics or full text.
81506704/02/84
0311Ea Los Angeles Unified School District (Siamis)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reconsideration denied where petitioner raises no issues concerning the decision of the Board itself, but criticizes the conduct and rulings of the administrative law judge; p. 2. more or view all topics or full text.
81504302/23/84
0313Ea Grossmont Union High School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for reconsideration denied where no prejudicial error of fact in Board's decision; pp. 2-3, 4. more or view all topics or full text.
81510406/06/84
0308Ha Regents of the University of California (Berkeley)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Board denies request for reconsideration where Association merely reargues the factual and legal conclusions it unsuccessfully asserted in the underlying case; p. 2. more or view all topics or full text.
81511606/29/84
0296Ea Colusa Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reconsideration denied where parties had the opportunity to litigate questions of proof at the hearing stage; p. 7. more or view all topics or full text.
71420107/15/83
0290Ha Unit Determination for Technical Skilled Crafts, Service and Professional Employees of the University of California (Lawrence Livermore National Laboratory)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
As Board did not correctly characterize University's position, extra- ordinary circumstances existed to grant request for reconsideration under PERB Regulation 32410. more or view all topics or full text.
71423408/19/83
0279Ea Rio Hondo Community College District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Board grants request for resonsideration where remedy failed to take into account the existence of a negotiated agreement; p. 6. Request for reconsideration denied where party merely reasserts prior interpretation of evidence in the record; p. 4. more or view all topics or full text.
71414905/16/83
0280Ea California School Employees Association-Chapter 381 (Parisot)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Case is not moot when any material question concerning an alleged violation of charging party's rights remains to be answered; p. 3. more or view all topics or full text.
71410803/24/83
0275Ea Oakland Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Board granted request for reconsideration without prejudice to reaffirm its decision; p. 1. more or view all topics or full text.
71417806/10/83
0275Eb Oakland Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Board granted request for reconsideration without prejudice to reaffirm its decision; p. 1. No extraordinary circumstances exist where Board did not overlook substantial, relevant evidence; pp. 4-5. more or view all topics or full text.
81509505/24/84
0270Ha Regents of the University of California (Non-Academic Senate Instructional/Research and Allied Professionals)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
UC's request to reconsider the division of non-academic senate professional employees into two units, instructional and research, was denied because it raised no new issues of fact or law as required by the "extraordinary circumstances" of PERB rule 32410(a); p. 3. more or view all topics or full text.
71427510/24/83
0270Hc Regents of the University of California (Non-Academic Senate Instructional/Research and Allied Professionals)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for reconsideration of research professionals unit approved because of the existence of extraordinary circumstances, including the volume and complexity of the evidence presented and the magnitute of the overall unit determination process for UC employees; pp. 2-4. more or view all topics or full text.
81507804/27/84
0261Ea San Joaquin Delta Community College District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Board stays compliance proceeding pending determination of whether or not to grant party's request for reconsideration. more or view all topics or full text.
71405201/20/83
0261Eb San Joaquin Delta Community College District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
"Newly discovered evidence" within the meaning of PERB Regulation 32410 requires that the evidence is: (1) newly discovered, (2) reasonable diligence has been exercised in its discovery and production; and (3) material in the sense that it is likely to produce a different result; pp. 8-9. Board will not, on reconsideration, consider party's reargument of matters already raised in its exceptions; p. 5. more or view all topics or full text.
71410203/16/83
0235Ea Redlands Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Board will not reexamine its rationale in an earlier decision upon a party's request for reconsideration; such would not be consistent with the standard of "extraordinary circumstances" as set forth in Regulation 32410(a). more or view all topics or full text.
71400111/15/82
0213Ea Delano Union Elementary School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reconsideration granted on the basis that a more appropriate remedy is required. Parties entered into agreement subsequent to granting of unit modification petition, rendering previously awarded remedy punitive; pp. 2-3. more or view all topics or full text.
61324010/15/82
0176Ha Unit Determination - California State University and Colleges (Nonprofessional)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reconsideration of unit decision denied because the requesting party could demonstrate no extraordinary circumstances. more or view all topics or full text.
61312805/26/82
0178Ea Oakland Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reconsideration of unit decision denied because of requesting party could demonstrate no extraordinary circumstances. more or view all topics or full text.
61305602/22/82
0159Sa State of California (Department of Transportation) (State Trial Attorneys Association)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
In the absence of showing of extraordinary circumstances request for reconsideration is denied. more or view all topics or full text.
05/15/81
0150Ec Los Angeles Community College District (Watts)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for reconsideration on dismissal of public notice complaint is denied because arguments raised by complainant bear no relationship to the circumstances surrounding dismissal. more or view all topics or full text.
61305302/19/82
1000Ea Los Angeles Unified School District (Watts)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reg. 32410 states there is no right to reconsideration absent a showing of prejudicial error or of newly discovered evidence or law which was not previously available; p. 2. more or view all topics or full text.
172414709/01/93
1001Ea Associated Administrators of Los Angeles (Watts)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Charging party failed to provide any evidence to support his claim that the Board did not thoroughly and carefully consider his appeal; p. 2. more or view all topics or full text.
172414608/25/93
0979Sa California State Employees Association (Hackett, et al.)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Despite voluminous filings, charging party failed to cite any newly discovered evidence or law which would justify reconsideration by the Board; p. 2. more or view all topics or full text.
172410505/27/93
0104Ea Santa Clara Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reconsideration denied where District failed to show extraordinary circumstances; on reconsideration, case remanded to hearing officer on District's claim of legal incapacity to comply with remedy under extraordinary circumstances standard. more or view all topics or full text.
41108105/07/80
0946Ea United Teachers-Los Angeles (Moszkowski)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Failure of respondent to respond to charging party's appeal is not grounds for reconsideration as there is no requirement that parties before the Board respond to arguments presented by opposing parties; p. 2. Reconsideration not appropriate as PERB Regulation 32315 does not provide for the right to oral argument on review of dismissals; p. 3. more or view all topics or full text.
162315309/11/92
0935Ea Lindsay Teachers Association (Gonzalez)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Failure by a party to present a well organized case to a Board agent, or on appeal to the Board, does not constitute appropriate grounds for reconsideration; p. 2. Failure of a charging party to comply with Board regulations governing unfair practice proceedings cannot be cited in support of the contention that the unfair practice charge allegations were not fully considered by a Board agent; p. 3. Board considered entire record, thus contention that Board abused its discretion by failing to consider material submitted by the charging party is without merit; p. 4. more or view all topics or full text.
162311407/16/92
0936Ea Lindsay Unified School District
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Failure by a party to present a well organized case to a Board agent, or on appeal to the Board, does not constitute appropriate grounds for reconsideration; p. 2. Failure of a charging party to comply with Board regulations governing unfair practice proceedings cannot be cited in support of the contention that the unfair practice charge allegations were not fully considered by a Board agent; p. 3. Board considered entire record, thus contention that Board abused its discretion by failing to consider material submitted by the charging party is without merit; p. 4. more or view all topics or full text.
162311507/16/92
0930Ea California School Employees Association (Simeral)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Requesting party's contention that the Board neglected to mention his appeal and Respondent's opposition is untrue and also does not constitute appropriate grounds under which a party may request reconsideration. more or view all topics or full text.
172403702/01/93
0927S State of California (Governor Pete Wilson) (Association of California State Attorneys and Administrative Law Judges; Professional Engineers in California Government; California Association of Professional Scientists)
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Request for reconsideration of denial of request for injunctive relief denied as moot where underlying charge dismissed. more or view all topics or full text.
162306104/13/92
0913Ea Monterey County Office of Education
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Restatement of arguments considered and rejected by the Board in its underlying decision and failure to identify any prejudicial errors of fact or newly discovered evidence or law which was not previously available and could not have been discovered with the exercise of reasonable diligence does not state proper grounds for reconsideration pursuant to PERB Regulation 32410; p. 2. more or view all topics or full text.
162304702/27/92