Decision 2758Ma – County of Ventura

LA-CE-1260-M and LA-CE-1268-M

Decision Date: July 20, 2021

Decision Type: PERB Decision

Description:  Charging Party Criminal Justice Attorneys Association of Ventura County requested reconsideration of County of Ventura (2021) PERB Decision No. 2758-M. In that decision, the Board found the County of Ventura violated the Meyers-Milias-Brown Act (MMBA) by implementing constructive receipt taxation of accrued leave without affording the Association adequate notice and a meaningful opportunity to bargain over the negotiable effects of that decision; and by bargaining in bad faith over amending the parties’ leave redemption plan. The Association asked the Board to broaden the scope of the make-whole order.

Disposition:  The Association’s request for reconsideration of the Board’s decision in County of Ventura (2021) PERB Decision No. 2758-M was denied. The Association’s arguments were already presented to the Board and rejected, and reiterating them was not an appropriate subject for reconsideration.

View Full Text (PDF)

Decision Headnotes

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

The “grounds for requesting reconsideration of a final Board decision are limited to claims that: ‘(1) the decision of the Board itself 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.)

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

An error or omission in a remedial order is a proper subject of reconsideration under the newly discovered evidence standard. However, this is a narrow avenue that does not allow parties to reassert remedy arguments that the Board has already considered and rejected. (discussing cases illustrating appropriate subjects for reconsideration on this ground, p. 3.)