Decision 1682Ea – Desert Sands Unified School District

Request was timely filed because it arrived within 20 days plus 5 granted by Regulation 32130

In Desert Sands Unified School District (2004) PERB Decision No. 1682 (Desert Sands), the Board clearly intended to restore the status quo ante but erred in not ordering the District to transfer work back to the ERTs. This error meets the second basis for granting reconsideration under PERB Regulation 32410(a), i.e., that the party has newly discovered evidence which was not previously available and could not have been discovered with the exercise of reasonable diligence.) (Board grants the request because the Board’s error in not issuing a complete remedy in Desert Sands could not have been discovered until the issuance of Desert Sands; the request was timely filed; the remedy is relevant to the remedy sought to be reconsidered; and the error impacts the decision and points to the need for the remedy to correspond with the Board’s intent in Desert Sands

The Board acknowledges that CSEA can only negotiate from a fair position if it is placed where it would have been but for the District’s unlawful acts. The amended order to require the District to transfer the work back to the ERTs is an appropriate element of a make whole remedy for unlawful transfer of work.