Decision 2719Ea – Alliance Judy Ivie Burton Technology Academy High, et al.
LA-RR-1281-E, LA-RR-1282-E & LA-RR-1283-E
Decision Date: October 14, 2020
Decision Type: PERB Decision
Description: Board granted in part and denied in part employers’ request to reconsider its decision certifying union at three charter schools. The Board concluded that the majority of the request was improper because it sought to relitigate legal questions that had already been decided. However the Board amended the certification at one school because it included a classification that was not listed in the petition. The Board also denied the union’s request for attorney fees.
Disposition: Board issued an amended certification and otherwise denied the request for reconsideration.
Perc Vol: 45
Perc Index: 47
Decision Headnotes
1107.10000 – Request for Reconsideration
For purposes of establishing that a Board decision contains prejudicial errors of fact warranting reconsideration, an incorrect factual finding is prejudicial only “when it is probable that the party against whom it was made would have achieved a better result but for the error.” (P. 3)
1107.10000 – Request for Reconsideration
Parties may not relitigate legal issues under the guise of newly discovered evidence. (P. 5)