California School Employees Association (Simeral) (PERB 0930EA)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
TIMOTHY GALE 	SIMERAL,
Charging 	Party,
v.
CALIFORNIA 	SCHOOL 	EMPLOYEES
ASSOCIATION,
Respondent.
Case No. 	S-CO-278
Request 	for Reconsideration
PERB Decision No. 	93 0
PERB Decision No. 	930a
February 1, 	1993
Appearances: 	Timothy Gale Simeral, 	on his own behalf.
Before Hesse, 	Chairperson; 	Caffrey and Carlyle, 	Members.
DECISION
HESSE, 	Chairperson: 	This case is before the Public
Employment Relations 	Board 	(PERB or Board) 	on a 	request 	for
reconsideration 	filed by Timothy Simeral 	(Simeral) 	of 	the Board's
decision 	in 	California 	School 	Employees 	Association 	(Simeral)
(1992) 	PERB Decision No. 	930. 	In that decision the Board denied
Simeral's 	appeal 	of 	a Board agent's 	dismissal 	of his unfair
practice 	charge 	on the grounds 	that 	he 	had 	failed 	to 	state 	a
prima 	facie 	case 	of a violation of 	the duty of 	fair
representation by 	the 	California 	School 	Employees 	Association
(CSEA) .
DISCUSSION
On appeal, 	Simeral 	contends 	that 	the Board decision is
incomplete 	in that 	"there 	is 	no mention of my appeal 	or CSEA
opposition to my appeal. 	There 	is 	no mention of me presenting my
case 	in person." 	Simeral 	argues 	that 	a portion of 	the 	CSEA
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letter in opposition to 	the appeal 	supports 	his 	claim of 	a
conspiracy.
PERB Regulation section 32410(a)1 states, 	in pertinent part:
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.
Simeral's 	contention 	that 	the 	Board neglected 	to mention 	the
appeal and CSEA's 	opposition to the appeal, 	does not 	constitute
appropriate 	grounds 	under which 	that 	party may 	request
reconsideration. 	In the decision, 	the Board acknowledged receipt
and review of 	Simeral's 	appeal 	as well 	as 	receipt 	of 	the 	CSEA
filing. 	The 	first 	sentence 	of 	the decision and order refer to
the appeal by Simeral. 	Furthermore, 	the Appearances 	section of
the 	decision 	refers 	to 	filings made by William Heath 	for CSEA and
Timothy Simeral 	on his 	own behalf. 	The 	Board 	considered 	the
entire record in this 	case. 	Therefore, 	Simeral's 	contention that
the Board decision 	contains prejudicial 	error is without merit.
Simeral made a 	request 	to present his 	case verbally. 	As 	no
prima 	facie 	case was 	stated, 	Simeral's 	request 	for
reconsideration is 	denied, 	his 	request 	for oral 	argument also 	is
denied.
1PERB Regulations are 	codified at 	California Code 	of
Regulations, 	title 8, 	section 31001 et seq.
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ORDER
The 	request 	for reconsideration in PERB Decision No. 	930 	is
hereby DENIED.
Members 	Caffrey and Carlyle 	joined 	in this 	Decision.
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