Decision 2837Ea – Santa Ana Educators Association (Felicijan and Hetman)
Decision Date: January 13, 2023
Decision Type: PERB Decision (Non-Precedential)
Description: Charging Parties Christine L. Felicijan and Wayne Hetman requested the Board reconsider its decision in Santa Ana Educators Association (Felicijan and Hetman) (2022) PERB Decision No. 2837. In that non-precedential decision, the Board found that the Santa Ana Educators Association violated the Educational Employment Relations Act when, among other conduct, it did not approve or deny Felicijan’s request to arbitrate four grievances within the 15-day time limit for demanding arbitration under the contractual grievance procedure. The Board found Felicijan would have prevailed on one grievance and ordered make-whole relief for that grievance, but found the other grievances lacked merit and awarded no make-whole relief for them. The Board also dismissed the allegation that the Association breached its duty of fair representation by failing to assist Hetman with issues related to purported derogatory documents in his personnel file. In their request for reconsideration, Charging Parties claimed the decision contained prejudicial errors of fact and incorrectly failed to order make-whole relief for all four grievances.
Disposition: In a non-precedential decision, the Board denied Charging Parties’ request for reconsideration, finding it failed to establish either ground for reconsideration under PERB Regulation 32410, subdivision (a).