Decision 2674Ma – Orange County Employees Association (Hamilton)
LA-CO-215-M
Decision Date: December 11, 2019
Decision Type: PERB Decision
Description: Petitioner, Vanessa Hamilton, requested reconsideration of PERB Decision No. 2674-M, in which the Board concluded Hamilton failed to demonstrate harm that would justify ordering payment of attorney fees as damages for OCEA’s violation of its duty of fair representation.
Disposition: The Board denied the request for reconsideration, finding that Petitioner failed to identify any prejudicial errors of fact in the underlying decision or present any newly discovered evidence in accordance with reconsideration procedures.
Perc Vol: 44
Perc Index: 108
Decision Headnotes
800.01000 – In General; Prima Facie Case
In duty of fair representation cases, employees are only entitled to an award of back pay or other damages where they can show that the union’s breach was the actual or proximate cause of their injuries. It is incumbent upon the charging party to put evidence of causation into the record during PERB’s hearing process. (p. 4.)
1107.10000 – Request for Reconsideration
The grounds for reconsideration are limited to claims that (1) the Board’s decision contains prejudicial errors of fact, or (2) the party has newly discovered evidence which was not previously available and could not have been discovered with the exercise of reasonable diligence. (p. 2.) A party may not use the reconsideration process to register its disagreement with the Board’s legal analysis, to re-litigate issues that have already been decided, or simply to ask the Board to “try again.” (p. 5.)
1107.10000 – Request for Reconsideration
Arguing on reconsideration that the Board’s underlying decision contained prejudicial errors of fact, Petitioner claimed the Board’s factual findings were speculative because they were based on inferences drawn from evidentiary documents. However, PERB may draw reasonable inferences from the record. Petitioner’s failure to elicit testimony clarifying those documents or introduce other evidence supporting her position during PERB’s hearing process do not constitute grounds for reconsideration. (pp. 3-4.)
1107.10000 – Request for Reconsideration
In duty of fair representation cases, employees are only entitled to an award of back pay or other damages where they can show that the union’s breach was the actual or proximate cause of their injuries. It is incumbent upon the charging party to put evidence of causation into the record during PERB’s hearing process. Petitioner cannot do so on reconsideration unless the evidence is newly discovered and supported by a declaration establishing several criteria required under PERB Regulation 32410. (pp. 4-5.) The Board denied the request for reconsideration because it was not accompanied by such a declaration and, furthermore, the newly-submitted evidence was available at the time of the hearing. (p. 5.)
1201.01000 – In General
In duty of fair representation cases, employees are only entitled to an award of back pay or other damages where they can show that the union’s breach was the actual or proximate cause of their injuries. It is incumbent upon the charging party to put evidence of causation into the record during PERB’s hearing process. (p. 4.)
1201.03000 – Back Pay; Interest
In duty of fair representation cases, employees are only entitled to an award of back pay or other damages where they can show that the union’s breach was the actual or proximate cause of their injuries. It is incumbent upon the charging party to put evidence of causation into the record during PERB’s hearing process. (p. 4.)
1204.01000 – In General
In duty of fair representation cases, employees are only entitled to an award of back pay or other damages where they can show that the union’s breach was the actual or proximate cause of their injuries. It is incumbent upon the charging party to put evidence of causation into the record during PERB’s hearing process. (p. 4.)
1204.04000 – Reimbursement of Dues, Fees and Exactions to Employees; Union Liability
In duty of fair representation cases, employees are only entitled to an award of back pay or other damages where they can show that the union’s breach was the actual or proximate cause of their injuries. It is incumbent upon the charging party to put evidence of causation into the record during PERB’s hearing process. (p. 4.)
1205.01000 – In General
In duty of fair representation cases, employees are only entitled to an award of back pay or other damages where they can show that the union’s breach was the actual or proximate cause of their injuries. It is incumbent upon the charging party to put evidence of causation into the record during PERB’s hearing process. (p. 4.)
1205.04000 – Attorneys Fees and Costs
In duty of fair representation cases, employees are only entitled to an award of back pay or other damages where they can show that the union’s breach was the actual or proximate cause of their injuries. It is incumbent upon the charging party to put evidence of causation into the record during PERB’s hearing process. (p. 4.)
1503.01000 – In General
The grounds for reconsideration are limited to claims that (1) the Board’s decision contains prejudicial errors of fact, or (2) the party has newly discovered evidence which was not previously available and could not have been discovered with the exercise of reasonable diligence. (p. 2.) A party may not use the reconsideration process to register its disagreement with the Board’s legal analysis, to re-litigate issues that have already been decided, or simply to ask the Board to “try again.” (p. 5.)
1503.01000 – In General
Arguing on reconsideration that the Board’s underlying decision contained prejudicial errors of fact, Petitioner claimed the Board’s factual findings were speculative because they were based on inferences drawn from evidentiary documents. However, PERB may draw reasonable inferences from the record. Petitioner’s failure to elicit testimony clarifying those documents or introduce other evidence supporting her position during PERB’s hearing process do not constitute grounds for reconsideration. (pp. 3-4.)
1503.01000 – In General
In duty of fair representation cases, employees are only entitled to an award of back pay or other damages where they can show that the union’s breach was the actual or proximate cause of their injuries. It is incumbent upon the charging party to put evidence of causation into the record during PERB’s hearing process. Petitioner cannot do so on reconsideration unless the evidence is newly discovered and supported by a declaration establishing several criteria required under PERB Regulation 32410. (pp. 4-5.) The Board denied the request for reconsideration because it was not accompanied by such a declaration and, furthermore, the newly-submitted evidence was available at the time of the hearing. (p. 5.)
1503.03000 – Regulations Considered (By Number) (Continued)
The grounds for reconsideration are limited to claims that (1) the Board’s decision contains prejudicial errors of fact, or (2) the party has newly discovered evidence which was not previously available and could not have been discovered with the exercise of reasonable diligence. (p. 2.) A party may not use the reconsideration process to register its disagreement with the Board’s legal analysis, to re-litigate issues that have already been decided, or simply to ask the Board to “try again.” (p. 5.)
1503.03000 – Regulations Considered (By Number) (Continued)
Arguing on reconsideration that the Board’s underlying decision contained prejudicial errors of fact, Petitioner claimed the Board’s factual findings were speculative because they were based on inferences drawn from evidentiary documents. However, PERB may draw reasonable inferences from the record. Petitioner’s failure to elicit testimony clarifying those documents or introduce other evidence supporting her position during PERB’s hearing process do not constitute grounds for reconsideration. (pp. 3-4.)
1503.03000 – Regulations Considered (By Number) (Continued)
In duty of fair representation cases, employees are only entitled to an award of back pay or other damages where they can show that the union’s breach was the actual or proximate cause of their injuries. It is incumbent upon the charging party to put evidence of causation into the record during PERB’s hearing process. Petitioner cannot do so on reconsideration unless the evidence is newly discovered and supported by a declaration establishing several criteria required under PERB Regulation 32410. (pp. 4-5.) The Board denied the request for reconsideration because it was not accompanied by such a declaration and, furthermore, the newly-submitted evidence was available at the time of the hearing. (p. 5.)