Decision A443Ea – Morgan Hill Unified School District
SF-UM-768-E
Decision Date: May 30, 2017
Decision Type: Administrative Appeal
Description: SEIU requested reconsideration of the Board’s decision in Morgan Hill Unified School District (2016) PERB Order No. Ad-443 on the grounds that SEIU filed a withdrawal of its appeal on the same day the Board issued its decision.
Disposition: The Board denied the request for reconsideration. It concluded that the reconsideration process is not available following a decision on an administrative determination; that the matter was moot after SEIU lost the decertification election and did not file objections; and that SEIU had not stated grounds for reconsideration.
Perc Vol: 41
Perc Index: 184
Decision Headnotes
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The reconsideration procedure set forth in PERB Regulation 32410 applies only to Board decisions arising out of exceptions to a proposed decision by an administrative law judge after a formal hearing.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The fact a party requested to withdraw its appeal on the date the decision denying the appeal was issued is not grounds for reconsideration or vacating the decision.
1107.15000 – Withdrawal of Appeal; Request that Decision be Vacated
The Board has discretion whether to permit withdrawal of an appeal.
1107.15000 – Withdrawal of Appeal; Request that Decision be Vacated
PERB Regulations do not provide for motions to vacate Board decisions.