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.

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Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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)

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

Parties may not relitigate legal issues under the guise of newly discovered evidence. (P. 5)