Decision 1100Sa – State of California (Department of Corrections)

SF-CE-105-S

Decision Date: August 30, 1995

Decision Type: PERB Decision

Description: California State Employees’ Association, SEIU Local 1000, AFL-CIO (CSEA) filed a request that the Board reconsider its decision in State of California (Department of Corrections) (1995) PERB Decision Number 1100-S. In that decision, the Board dismissed the complaint on the grounds that the allegation was subject to deferral to arbitration because the complained-of conduct was arguably prohibited by the parties’ CBA. In its motion for reconsideration, CSEA claims the Board made a prejudicial error when finding that the parties’ CBA prohibited the conduct at issue. CSEA also took issue with the procedures used by the Board in processing the underlying decision. The request registers disagreement the Board’s determination, which is not appropriate for reconsideration, and provides no other valid grounds for reconsideration.

Disposition: The Board denied the request.

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Perc Vol: 19
Perc Index: 26123

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.10000 – 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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

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.