Decision 1259Ea – Fall River Joint Unified School District

SA-CE-1712

Decision Date: June 18, 1998

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29108

Decision Headnotes

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.