Decision 1387Ea – San Bernardino Teachers Association, CTA/NEA (Cooksey)


Decision Date: September 13, 2000

Decision Type: PERB Decision

Description: The Board denied a request for reconsideration.

Disposition: Denied. Charging party’s request relied on arguments previously made and on evidence which would not impact or alter the decision of the previously decided case; hence, grounds for reconsideration do not exist.

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Perc Vol: 24
Perc Index: 31142

Decision Headnotes

1107.10000 – Request for Reconsideration

Reconsideration requests are governed by PERB Regulation 32410, which requires extraordinary circumstances. The Board has strictly applied the limited grounds included in the regulation, specifically to avoid the use of the reconsideration process to reargue or relitigate issues which have already been decided. Charging party's argument on timeliness is an attempt to relitigate this issue and will not be reconsidered. Charging party's offer of evidence, i.e., a recent hearing at which she was vindicated, would only constitute grounds for reconsideration if it would impact or alter the decision of the previously decided case. Even with the new evidence, this ground is not met because the request does not establish that the duty of fair representation was triggered or violated, and the result in the case does not change. Accordingly, the Board cannot grant reconsideration.