San Joaquin Delta Community College District (PERB 0261EA)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC EMPLOYMENT 	RELATIONS 	BOARD
CALIFORNIA 	SCHOOL 	EMPLOYEES
ASSOCIATION 	and 	its 	DELTA 	COLLEGE
CHAPTER 	359,
Charging 	Party,
v.
SAN 	JOAQUIN 	DELTA 	COMMUNITY
COLLEGE 	DISTRICT,
Respondent.
Case 	No. 	S-CE-360
PERB Decision No. 	261
Request 	for 	Stay
INTERIM 	ORDER
PERB Decision No. 	261a
January 20, 	1983
Appearances: 	Peter 	A. 	Janiak, 	Attorney 	for 	the California
School Employees 	Association 	and 	its 	Delta College 	Chapter 	359;
and J. 	Michael Phelps, 	Attorney 	for 	the San Joaquin Delta
Community 	College 	District.
Before Gluck, Chairperson; 	Jaeger and Burt, Members.
DECISION 	AND 	ORDER
BURT, Member: 	On December 20, 	1982, 	the San Joaquin Delta
Community College 	District 	(District) 	filed 	a Request 	for
Reconsideration 	of 	PERB Decision No. 	261 pursuant 	to Board 	rule
32410.1 	The 	District 	also 	requested 	a 	stay 	of 	the
1PERB 	rules 	are 	codified 	at 	California Administrative
Code, 	title 	8, 	section 31001 et 	seq. 	Rule 	32410 provides 	in
pertinent 	part:
(a) 	Any party 	to a decision of 	the Board
itself may, 	because of 	extraordinary
circumstances, 	file a request 	to reconsider
the 	decision within 	20 days 	following 	the
date of 	service of 	the 	decision. 	An
original and 	5 	copies 	of 	the 	request 	for
reconsideration 	shall 	be 	filed with 	the
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effectiveness 	of 	that Decision . 	After a mutually agreed-upon
extension of 	time within which 	to 	file 	its 	response, 	the
California 	School Employees 	Association 	filed 	its 	response 	on
January 17, 	1983, 	which was 	received 	by 	the Board on
January 19, 	1983.
Because 	the 	deadline 	for 	the 	District's compliance 	with
Decision No. 	261 	is January 21, 	1983, 	the Board hereby ORDERS
that 	compliance 	with 	that 	Decision 	be 	stayed 	pending 	our
determination 	whether 	to 	grant 	reconsideration.
Chairperson 	Gluck 	and Member 	Jaeger 	joined 	in 	this 	Decision.
Board 	itself 	in 	the 	headquarters 	office 	and
shall 	state 	with 	specificity 	the 	grounds
claimed and, where applicable, 	shall specify
the 	page 	of 	the 	record 	relied on. 	Service
and 	proof 	of 	service 	of 	the 	request pursuant
to Section 	32140 	are 	required. 	The 	grounds
for 	requesting 	reconsideration 	are 	limited
to claims 	that 	the decision of 	the Board
itself contains prejudicial errors 	of 	fact,
or 	newly 	discovered 	evidence 	or 	law which
was 	not 	previously available 	and 	could 	not
have 	been 	discovered 	with 	the 	exercise 	of
reasonable 	diligence.
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