Decision 2391Ha – Trustees of the California State University (East Bay)

SF-CE-995-H

Decision Date: April 14, 2015

Decision Type: PERB Decision

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Perc Vol: 39
Perc Index: 146

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.10000 – Request for Reconsideration

Because reconsideration may only be granted under “extraordinary circumstances,” the Board applies PERB Regulation 32410 strictly. A request for reconsideration is not simply an opportunity to ask the Board to try again. The limited grounds on which a party may request reconsideration preclude a party from using the reconsideration process to re-argue or re-litigate issues that have already been decided. Neither may a party use the reconsideration process to register disagreement with the Board’s legal analysis. On its face, PERB Regulation 32410 is intended to provide a party the opportunity to call to the Board’s attention prejudicial errors of fact or newly discovered evidence that was previously unavailable and could not have been discovered with reasonable diligence. A party may file only one request for reconsideration of a Board decision, except in those cases where a prior request for reconsideration has resulted in the issuance of a completely revised decision. Since charging party’s initial request for reconsideration did not result in the issuance of a completely revised decision, the Board disregarded charging party’s procedurally defective second request, and solely considered his original request. The evidence submitted by charging party does not meet the requirements under PERB Regulation 32410(a), either because it is not relevant to the issues sought to be reconsidered under PERB Regulation 32410(a)(4), and/or it does not impact or alter the decision of the previously decided case under PERB Regulation 32410(a)(5). When charging party attaches documents to request that are dated prior to the PERB hearing and fails to explain why he could not have discovered these documents prior to the hearing with the exercise of reasonable diligence, the request for reconsideration does not comply with PERB Regulation 32410(a)(l) (evidence “was not previously available”), subdivision (a)(2) (evidence “could not have been discovered prior to the hearing with the exercise of reasonable Diligence”), and subdivision (a)(3) (evidence “was submitted within a reasonable time of its discovery”).