Associated Administrators of Los Angeles (Watts) (PERB 1001EA)

PERB Decision No. 1001EACalperb25.08.1993

Gesamter Gesetzestext

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
HOWARD 0. WATTS,
Complainant,
v.
ASSOCIATED ADMINISTRATORS 	OF
LOS ANGELES,
Respondent.
) 	Case No. 	LA-PN-129
Request 	for Reconsideration
PERB Decision No. 	1001
PERB Decision No. 	1001a
August 25, 	1993
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Appearance: 	Howard O. 	Watts, 	on his own behalf.
Before Blair, 	Chair; 	Hesse and Caffrey, 	Members.
DECISION
CAFFREY, 	Member: 	This 	case is before the Public Employment
Relations 	Board 	(PERB 	or Board) 	on a 	request 	for reconsideration
filed by Howard 0. 	Watts 	(Watts) 	of 	the Board's decision in
Associated Administrators of Los Angeles 	(Watts) 	(1993) 	PERB
Decision No. 	1001. 	In that decision, 	the Board affirmed the
Board agent's partial 	dismissal 	of Watts' 	public notice 	complaint
which alleged 	that 	the Associated Administrators 	of 	Los Angeles
(AALA) 	violated section 3547 	of 	the Educational 	Employment
Relations Act 	(EERA)1 by not making copies 	available of 	its
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.
~
~
initial 	proposals, 	and by indicating 	that 	the AALA reserved the
right 	to 	supplement 	its 	initial proposals.
(d) 	New subjects 	of meeting and negotiating
arising after 	the presentation 	of 	initial
proposals 	shall be made public within 24 	hours.
If 	a vote 	is 	taken on such subject by the public
school 	employer, 	the vote 	thereon by each member
voting 	shall 	also be made public within 24 	hours.
In his 	request 	for reconsideration, 	Watts 	contends 	the Board
did not 	consider all 	of 	the 	evidence 	in this 	case because a
hearing was not 	held. 	Watts 	concludes 	his 	request by merely
restating 	the 	arguments 	considered by 	the 	Board 	in his 	appeal 	of
the 	Board agent's 	decision.
DISCUSSION
PERB Regulation 32410(a) 	states,2 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.
By dismissing his 	complaint, 	Watts asserts 	that 	the Board
failed to make 	"an honest 	evaluation of my arguments." 	He 	then
restates 	the 	arguments he 	raised on appeal.
Watts 	has 	failed to provide 	any evidence 	to 	support 	his
claim 	that 	the 	Board did not 	thoroughly and 	carefully 	consider
his 	appeal. 	Watts 	has not 	cited any new evidence 	or law or
presented any 	information 	to 	support 	his 	request 	for
reconsideration.
2PER B 	regulations 	are 	codified at 	California Code 	of
Regulations, 	title 8, 	section 31001 et seq.
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ORDER
The 	request 	for 	reconsideration 	of 	Associated Administrators
of Los Angeles 	(Watts) 	(1993) 	PERB Decision No. 	1001 is hereby
DENIED.
Chair Blair and Member Hesse 	joined 	in 	this 	Decision.
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