Decision 2916Ta – Los Angeles County Metropolitan Transportation Authority
LA-UM-1025-T
Decision Date: November 15, 2024
Decision Type: PERB Decision
Description: Los Angeles County Metropolitan Transportation Authority (Metro) requested reconsideration of the Board’s decision in Los Angeles Metropolitan Transportation Authority (2024) PERB Decision No. 2916-T. There, the Board upheld an administrative determination by PERB’s Office of the General Counsel approving a unit modification petition filed by American Federation of State, County & Municipal Employees, Local 3634 (AFSCME), to add Accounting Supervisors to the supervisory employee bargaining unit it already represents. In relevant part, the Board found that Metro had not raised any objections to the proposed unit modification based on statutory community of interest factors, and thus that the Board agent did not err by not considering them. Metro’s reconsideration request claimed that the Board erred in concluding that it had not raised a community of interest objection. Metro also asked the Board to revisit its caselaw holding that reconsideration is not available for decisions that are not based on an evidentiary record. AFSCME opposed Metro’s request for reconsideration and requested attorney fees as a litigation sanction.
Disposition: The Board denied Metro’s request for reconsideration. First, the Board reaffirmed its caselaw holding that reconsideration is only available for decisions that are based on a developed factual record. Second, the Board applied this rule and held that decisions reviewing administrative determinations by OGC to grant or deny representation petitions without a formal hearing are not subject to reconsideration. Third, the Board held that Metro’s request for reconsideration was based on the Board’s legal conclusions and not a purported factual error, and therefore did not comply with PERB Regulation 32410. The Board therefore denied Metro’s request for reconsideration. The Board also found that Metro’s conduct did not meet the sanctions standard, and therefore denied AFSCME’s request for attorney fees.
Perc Vol: 49
Perc Index: 88
Decision Headnotes
1107.10000 – Request for Reconsideration
Pursuant to PERB Regulation 32410, requests for reconsideration must allege prejudicial errors of fact or newly discovered evidence that would affect the outcome of the case. An employer’s claim that the Board erred in determining it had not raised an objection to a unit modification petition based on statutory community of interest factors was a claimed legal error and not a valid request for reconsideration.
1107.10000 – Request for Reconsideration
Board decisions since Berkeley Federation of Teachers, Local 1078 (Crowell) (2015) PERB Decision No. 2405a have held that reconsideration is available only where the underlying Board decision reviewed a proposed decision based on a developed factual record. Decisions reviewing administrative determinations by PERB’s Office of the General Counsel to grant or deny representation petitions without a formal hearing are not subject to reconsideration under this rule.