Decision 2211Ma – City of Santa Monica


Decision Date: December 29, 2011

Decision Type: PERB Decision

Description:  The charging party requested reconsideration of the Board’s decision dismissing an unfair practice charge and complaint alleging that a probationary employee was rejected on probation in retaliation for utilizing his union to file grievances on his behalf.

Disposition:  The Board denied charging party’s request for reconsideration based upon a failure to establish a prejudicial error of fact.

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Perc Vol: 36
Perc Index: 100

Decision Headnotes

1107.10000 – Request for Reconsideration

To establish a basis for reconsideration based upon a prejudicial error of fact, the Board’s errors must be factual, not legal, in nature. A disagreement over the legal analysis employed by the Board is not grounds for reconsideration even if it amounts to a prejudicial error of law resulting from application of its own case law. Failure to raise an issue on exceptions to the administrative law judge’s decision precludes consideration of that issue on reconsideration.