Decision A235E – Saddleback Community College District (Goffredo)

LA-CE-3055

Decision Date: October 27, 1992

Decision Type: PERB Decision

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Perc Vol: 16
Perc Index: 23167

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Upon denying motion to reopen record the Board gave party 14 days to file exceptions. The time was based upon party's time remaining to file exceptions at time motion was filed.

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

PERB Regulation 32410 provides that reconsideration may be granted by the Board on the basis of, inter alia, "newly discovered evidence . . . which was not previously available and could not have been discovered with the exercise of reasonable diligence."

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.06000 – Service

Board found that failure to serve party with papers twice was nonpredjucicial as party was made aware of the filing and in the other instance filed a statement of opposition.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.19000 – Motion to Reopen Record

In considering motions to reopen the record, the Board has reviewed such motions in the form of a request for reconsideration. (San Mateo Community College District (1985) PERB Decision No. 543.) On motions to reopen the record the Board will not consider a bare assertion that more documents are available when there is no showing that the evidence was previously unavailable. (Los Angeles Unified School District (1989) PERB Decision No. 705a.)

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.20000 – Other

Board found that failure to serve party with papers twice was nonprejudicial as party was made aware of the filing and in the other instance filed a statement of opposition.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

PERB Regulation 32410 provides that reconsideration may be granted by the Board on the basis of, inter alia, "newly discovered evidence . . . which was not previously available and could not have been discovered with the exercise of reasonable diligence."