Los Angeles Unified School District (Watts) (PERB 1000EA)

PERB Decision No. 1000EACalperb01.09.1993

Gesamter Gesetzestext

STATE 	OF 	CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
HOWARD 0. 	WATTS,
Complainant,
v.
LOS ANGELES 	UNIFIED SCHOOL
DISTRICT,
Respondent.
) 	Case No. 	LA-PN-126
Request 	for Reconsideration
PERB Decision No. 	1000
PERB Decision No. 	1000a
September 1, 	1993
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Appearance: 	Howard 0. 	Watts, 	on his own behalf.
Before Blair, 	Chair; 	Hesse and Caffrey, 	Members.
DECISION
BLAIR, 	Chair: 	This 	case 	is before the Public Employment
Relations 	Board 	(PERB 	or Board) 	on a 	request 	for reconsideration
filed by Howard O. 	Watts 	(Watts) 	of 	the Board's decision in
Los Angeles Unified School District 	(Watts) 	(1993) 	PERB Decision
No. 	1000. 	In that decision, 	the Board affirmed the Board agent's
dismissal 	of Watts' 	public notice 	complaint which alleged that
the Los Angeles 	Unified School 	District 	(District) 	violated
section 3547(b) 	of 	the Educational 	Employment Relations Act
(EERA)1 by: 	(1) 	failing to adequately inform the public of 	the
1EERA 	is 	codified at Government 	Code 	section 3540 	et 	seq.
Section 3547 states, 	in pertinent part:
(b) 	Meeting and negotiating 	shall 	not 	take
place 	on any proposal 	until 	a 	reasonable 	time
has 	elapsed after 	the 	submission of 	the
proposal 	to enable 	the public 	to become
informed and the public has 	the 	opportunity
to express 	itself 	regarding the proposal 	at
a meeting 	of 	the public 	school 	employer.
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District's 	initial proposals; 	(2) 	failing to give the public a
full opportunity to express their views; 	(3) 	failing to timely
post the 	initial proposals; 	and 	(4) 	improperly adopting the
initial proposals.
DISCUSSION
PERB Regulation 32410(a)2 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.
Watts 	has 	failed 	to provide any evidence 	showing prejudicial
error 	and has 	not 	presented any newly discovered 	evidence 	or 	law
which was 	not previously available.
ORDER
The 	request 	for 	reconsideration 	of 	Los Angeles 	Unified
School District 	(Watts) 	(1993) 	PERB Decision No. 	1000 	is hereby
DENIED.
Members 	Hesse 	and Caffrey 	joined 	in 	this 	Decision.
2PERB 	regulations 	are 	codified at 	California 	Code 	of
Regulations, 	title 8, 	section 31001 et seq.
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