Decision 1577Ma – County of Riverside
LA-CE-5-M
Decision Date: March 18, 2004
Decision Type: PERB Decision
Description: The County requested reconsideration on the basis of a prejudicial error of fact in that no past practice existed on the issue of grieving promotions. The County stated that newly discovered evidence, the retirement of the grieving employee, rendered the case moot.
Disposition: The Board stated that the County misconstrued 1577 in that instead, the Board found that the County was contractually bound to grieve promotions. The Board found that the employee’s retirement did not render the case moot because the right to grieve promotions in general was still at issue. The Board thus denied the request for reconsideration.
Perc Vol: 28
Perc Index: 118
Decision Headnotes
1105.19000 – Newly Discovered Evidence
Board finds that case not rendered moot through newly discovered evidence because evidence did not meet the first and third requirements of newly discovered evidence under PERB Regulation 32410. The evidence was discovered before the Board issued its decision.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board finds request for reconsideration timely filed even though past the twenty day filing period because a five day extension will be given if request is sent by mail and an extension will be given to the next business day if the last day to file falls on a Sunday.
1107.10000 – Request for Reconsideration
Board finds request for reconsideration timely filed even though past the twenty day filing period because a five day extension will be given if request is sent by mail and an extension will be given to the next business day if the last day to file falls on a Sunday.
1107.20000 – Other
Board finds that employees retirement does not so impact the decision and order that the case is rendered moot because the central issue was the charging party’s right to grieve over promotions, not whether the individual employee could currently pursue her own grievance.
1109.01000 – In General
Board finds employees retirement does not so impact the decision and order that the case is rendered moot because the central issue was the charging party’s right to grieve over promotions, not whether the individual employee could currently pursue her own grievance.
1109.03000 – Standard of Review/Deference to Board Decision
Board finds employees retirement does not so impact the decision and order that the case is rendered moot because the central issue was the charging party’s right to grieve over promotions, not whether the individual employee could currently pursue her own grievance.
1201.01000 – In General
Board finds that employees retirement does not so impact the decision and order that the case is rendered moot because the central issue was the charging party’s right to grieve over promotions, not whether the individual employee could currently pursue her own grievance.
1406.00000 – In General
Board finds that case not rendered moot though newly discovered evidence. Board finds that employees retirement does not so impact the decision and order that the case is rendered moot because the central issue was the charging party’s right to grieve over promotions, not whether the individual employee could currently pursue her own grievance.