Decision 1299Sa – State of California (Department of Industrial Relations)

LA-CE-398-S

Decision Date: January 14, 1999

Decision Type: PERB Decision

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Perc Vol: 23
Perc Index: 30043

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions

While the Board gives deference to an ALJ's factual findings which incorporate determinations of witness credibility, the Board reviews the record of the cases before it de novo, and has the duty and responsibility to take actions based on that review which it deems appropriate; p. 5.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.06000 – De Novo Review; Standard of Review by Board

While the Board gives deference to an ALJ's factual findings which incorporate determinations of witness credibility, the Board reviews the record of the cases before it de novo, and has the duty and responsibility to take actions based on that review which it deems appropriate; p. 5.

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

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

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.