All notes for Subtopic 1107.19000 – Motion to Reopen Record

DecisionDescriptionPERC Vol.PERC IndexDate
2675E Lake Elsinore Unified School District
1107.19000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Motion to Reopen Record
After the close of the record, one of the charging parties attempted to introduce new evidence. The Board found that the ALJ correctly rejected the charging party’s proffered evidence since she did not file a motion to reopen the record. On exceptions, charging parties again referred to the rejected exhibits without following the proper procedure for making them part of the evidentiary record and thus the Board, like the ALJ, declined to admit or rely upon them. (p. 9, fn. 6.) more or view all topics or full text.
10/17/19
2394C Santa Clara County Superior Court
1107.19000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Motion to Reopen Record
The standard applied by the Board when considering whether to reopen the record to take further evidence is the same standard applied to requests for reconsideration. more or view all topics or full text.
395610/20/14
2267M County of Santa Clara * * * OVERRULED IN PART by Los Angeles Unified School District (2016) PERB Decision No. 2479
1107.19000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Motion to Reopen Record
When considering a request to reopen the record to admit new evidence, the Board applies the standard set forth in PERB Regulation 32410(a). That standard requires a declaration 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 reconsidered; and (5) impacts or alters the decision of the previously decided case. New documents fail to meet this standard, where party failed to explain why documents could not have been discovered and submitted previously and failed to demonstrate the relevance of the documents to the issues before the Board or that the proffered evidence impacts or alters the decision in this case. more or view all topics or full text.
05/25/12
2132M County of Riverside
1107.19000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Motion to Reopen Record
The Board treated a party’s attachment of exhibits not introduced at hearing to its exceptions as a request to reopen the record. The request did not satisfy the standard in PERB Regulation 32410(a) because it was not supported by a sworn declaration and, based on their dates, the documents were clearly in the party’s possession at the time of the hearing. more or view all topics or full text.
3413909/21/10
A368E Los Angeles Unified School District
1107.19000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Motion to Reopen Record
Although charging party characterizes her request as a motion to reopen the record, the request is more properly considered an appeal of the dismissal of her charge; p. 1. more or view all topics or full text.
3115811/15/07
A235E Saddleback Community College District (Goffredo)
1107.19000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Motion to Reopen Record
In considering motions to reopen the record, the Board has reviewed such motions in the form of a request for reconsideration. (San Mateo Community College District (1985) PERB Decision No. 543.) On motions to reopen the record the Board will not consider a bare assertion that more documents are available when there is no showing that the evidence was previously unavailable. (Los Angeles Unified School District (1989) PERB Decision No. 705a.) more or view all topics or full text.
162316710/27/92
A203E San Ramon Valley Education Association (Abbot/Cameron)
1107.19000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Motion to Reopen Record
Subsequent award not admitted because evidence would be cummulative and charging parties not parties to arbitration; p. 2. more or view all topics or full text.
142106803/12/90
A206E San Ramon Valley Education Association (Abbot/Cameron)
1107.19000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Motion to Reopen Record
The Board denied motion to admit new evidence where decision had issued; p. 2. more or view all topics or full text.
142108904/16/90
1202S State of California (State Teachers Retirement System (Ramirez and Roberts)
1107.19000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Motion to Reopen Record
Regulation 32635(b) requires the charging party to show good cause for submitting new evidence and allegations for the first time on appeal, or it will not be considered by the Board; p. 2. more or view all topics or full text.
212810906/04/97
1125Sa State of California (Department of Parks and Recreation)
1107.19000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Motion to Reopen Record
Requests to reopen a completed record based on new evidence are measured by same standard as requests for reconsideration; p. 3. more or view all topics or full text.
212815909/24/97
1090E Norris School District
1107.19000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Motion to Reopen Record
The standard applied to requests to reopen the record is the same standard as that governing requests for reconsideration of a decision of the Board itself. The Board will reopen the record on the basis of newly discovered evidence that was not previously available and could not have been discovered with the exercise of reasonable diligence; p. 4. The party requesting that the record be reopened must present a satisfactory explanation for the failure to produce the evidence at an earlier time; p. 4. The request to reopen the record is denied because no satisfactory explanation of why these documents were not previously available and could not have been easily discovered while case was before the ALJ; p. 5. p. 5. more or view all topics or full text.
192606803/16/95
0838E Yolo County Superintendent of Schools
1107.19000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Motion to Reopen Record
Board denied motion to reopen record where evidence sought to be entered concerned the authenticity of a document and the credibility of the proffered author of the document where that individual testified at the hearing and there was an opportunity for both parties to examine and cross-examine her. This is not newly discovered evidence which could not have beeen obtained with reasonable diligence. more or view all topics or full text.
142118009/17/90
0799Ha California State University (California Faculty Association)
1107.19000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Motion to Reopen Record
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
0799H California State University (California Faculty Association)
1107.19000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Motion to Reopen Record
Motion denied where "newly discovered" evidence was in fact previously provided in response to information requests and could have been discovered with the exercise of reasonable diligence; pp. 3-4. more or view all topics or full text.
142107203/28/90
0615H Regents of the University of California (Yeary)
1107.19000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Motion to Reopen Record
The Board may reopen a completed record based on newly discovered evidence which was not previously available and could not have been discovered with the exercise of reasonable diligence. Here, moving party did not meet burden; p. 14. more or view all topics or full text.
111806003/03/87
0543E San Mateo Community College District
1107.19000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Motion to Reopen Record
Board will reopen record to accept new evidence on appeal only where newly-discovered evidence standard is met as stated in reg. 32414; no showing that evidence was previously unavailable. more or view all topics or full text.
101701512/13/85
0336E Los Angeles Unified School District
1107.19000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Motion to Reopen Record
Charging party's failure to pursue discrepancy in testimony of witness where such discrepancy known before the hearing forecloses affirmative grant of motion to reopen the record. Under section 3547(d), new subjects of negotiations need not be placed upon school board's agenda. more or view all topics or full text.
71422808/18/83
0210E Novato Unified School District
1107.19000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Motion to Reopen Record
Motion denied where evidence irrelevant; p. 21. more or view all topics or full text.
61311404/30/82
0138S Coalition of Associations and Unions of State Employees/State Park Peace Officer’s Association of California
1107.19000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Motion to Reopen Record
Before Board. Request to reopen record denied where matter under submission before the Board itself and all parties were accorded full opportunity to present evidence. more or view all topics or full text.
41113107/11/80
0079E Foothill-DeAnza Community College District
1107.19000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Motion to Reopen Record
Motion to reopen record in challenged ballot case to introduce evidence from unfair practice hearing denied where party had earlier opportunity to litigate the issue in unit determination proceeding, though decision in rep. case with regard to supervisory status may not be binding in unfair practice case; p. 4. more or view all topics or full text.
31000312/18/78