Decision A437Ha – Regents of the University of California and Teamsters Clerical, Local 2010 (Polk)

LA-CE-1182-H LA-CE-1201-H LA-CE-1202-H and LA-CO-533-H

Decision Date: August 22, 2016

Decision Type: Administrative Appeal

Description:  Charging party, a higher education employee, requested reconsideration of a prior Board decision in which the Board had affirmed an administrative determination that charging party was not entitled to any further extensions of time in which to appeal the dismissal of her four unfair practice cases.  The Board has reviewed Polk’s request for reconsideration in light of the relevant law.  Based on this review, and for the reasons discussed below, the Board denies Polk’s request for reconsideration.

Disposition:  The Board denied charging party’s request for reconsideration.  Because the Board’s reconsideration process was intended to call to the Board’s attention prejudicial errors of fact or newly discovered evidence that was previously unavailable and could not have been discovered with reasonable diligence, but not to re- re-litigate issues that have already been fully considered and decided.  The Board reasoned that a dismissal/refusal to issue a complaint on an unfair practice charge is not a decision of the type that lends itself to the reconsideration process.

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Perc Vol: 41
Perc Index: 50

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