Decision 2236Ma – Office and Professional Employees International Union, Local 39, AFL-CIO and Central Labor Councils (Fowles)


Decision Date: April 25, 2012

Decision Type: PERB Decision

Description:  Request for reconsideration of decision directing issuance of complaint alleging failure to inform employee of rights as agency fee payer.

Disposition: The Board issued a decision denying the request for reconsideration.

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Perc Vol: 36
Perc Index: 164

Decision Headnotes

1107.10000 – Request for Reconsideration

Request for reconsideration of decision remanding charge for issuance of complaint failed to provide grounds for reconsideration under Regulation 32410(a), where charge allegations raised both disputed factual and legal issues. Argument that merely reasserts legal argument considered by the Board does not establish a prejudicial error of fact upon which reconsideration may be granted, but instead simply expresses disagreement with Board’s legal determination that allegations of the charge were sufficient to state a prima facie case and to warrant issuance of a complaint in order to develop a full record upon which it may be determined whether respondent complied with its obligations under the MMBA.