Decision A326S – State of California (Department of Transportation)

SF-CE-193-S

Decision Date: June 20, 2003

Decision Type: PERB Decision

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Perc Vol: 27
Perc Index: 87

Decision Headnotes

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.19000 – Newly Discovered Evidence

Under PERB Regulation 32410(a), the presentation of new evidence as a basis for exceptions to an ALJ’s final decision cannot be considered a request for reconsideration because a request for reconsideration can only be made based on a final decision of the Board itself.

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

Under PERB Regulation 32410(a), the presentation of new evidence as a basis for exceptions to an ALJ’s final decision cannot be considered a request for reconsideration because a request for reconsideration can only be made based on a final decision of the Board itself.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.18000 – Relevance

Evidence that effective representation in another administrative proceeding might have produced a more successful argument in a PERB hearing is not relevant to a review of a decision pertaining to an unfair practice charge based on a termination of employment.

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

Under PERB Regulation 32136, a late filing can only be excused if there is good cause. Good cause is shown by a justification of the late filing that is both reasonable and credible. Good cause is not demonstrated where her filing was over a year late, new evidence is irrelevant and there is no appropriate justification.

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

Under PERB Regulation 32136, a late filing can only be excused if there is good cause. Good cause is shown by a justification of the late filing that is both reasonable and credible. Good cause is not demonstrated where her filing was over a year late, new evidence is irrelevant and there is no appropriate justification. Since PERB Regulation 32030 defines “Board itself” as the five-member Public Employment Relations Board or members of it authorized by law to act on its behalf exclusively, a request for reconsideration can only be made in response to a final decision issued by the five members of the Board only. Under PERB Regulation 32410(a), the presentation of new evidence as a basis for exceptions to an ALJ’s final decision cannot be considered a request for reconsideration because a request for reconsideration can only be made based on a final decision of the Board itself.