Decision 2405Ea – Berkeley Federation of Teachers, Local 1078 (Crowell)
Decision Date: April 29, 2015
Decision Type: PERB Decision
Description: Charging party requested reconsideration of decision affirming dismissal of his charge.
Disposition: The Board denied the petition for reconsideration, holding that the petition for reconsideration procedure is not available to challenge a decision of the Board itself affirming the Office of the General Counsel’s dismissal of an unfair practice charge.
Perc Vol: 39
Perc Index: 160
1107.10000 – Request for Reconsideration
Reversing decades of Board practice, the Board held that a Board decision arising out of the dismissal of an unfair practice charge by the Office of the General Counsel is not subject to the petition for reconsideration procedure applicable to Board decisions arising out of exceptions to a proposed decision by an administrative law judge under PERB Regulation 32410; the reconsideration procedure allows the Board to reconsider a Board decision that is based on a hearing record and is therefore not applicable to Board decisions arising from the dismissal of an unfair practice charge by the Office of the General Counsel after charge processing and investigation; because the Board’s review of a dismissal of an unfair practice charge by the Office of the General Counsel is limited to the allegations of the charge and, where appropriate, the position statement of the respondent, a second Board review of the same charge allegations and same position statement serves no statutory or regulatory purpose.