Decision 1259Ea – Fall River Joint Unified School District
SA-CE-1712
Decision Date: June 18, 1998
Decision Type: PERB Decision
Description: Union requested reconsideration of Board decision finding District had not retaliated against an employee and unilaterally changed transfer policy.
Disposition: Request denied for failure to meet reconsideration standard.
Perc Vol: 22
Perc Index: 29108
Decision Headnotes
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)
The Board reviews the record of cases before it de novo and may review issues that have not been raised in a party's exceptions when it deems it appropriate to do so; p. 5.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board reviews the record of cases before it de novo and may review issues that have not been raised in a party's exceptions when it deems it appropriate to do so; p. 5.
1107.06000 – De Novo Review; Standard of Review by Board
The Board reviews the record of cases before it de novo and may review issues that have not been raised in a party's exceptions when it deems it appropriate to do so; p. 5.
1107.10000 – 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.
1503.03000 – Regulations Considered (By Number) (Continued)
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. A claim that there is no evidence in the record to support the Board decision is essentially an effort to relitigate the issue of the employer's motive and does not demonstrate a prejudicial error of fact.