California School Employees Association (Rodriquez) (PERB 1121EA)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
JERRY RUBEN RODRIQUEZ,
Charging 	Party,
v.
CALIFORNIA SCHOOL EMPLOYEES
ASSOCIATION AND 	ITS 	CHAPTER #149,
Respondent.
)
) 	Case No. 	SF-CO-489
Request 	for Reconsideration
PERB Decision No. 	1121
PERB Decision No. 	1121a
March 12, 	1996
)
)
)
)
)
)
)
)
Appearance: 	Jerry Ruben Rodriquez, 	on his own behalf.
Before Caffrey, 	Chairman; 	Garcia and Johnson, 	Members.
DECISION
GARCIA, 	Member: 	This 	case 	is before the Public Employment
Relations 	Board 	(PERB 	or Board) 	on a 	request 	for reconsideration
filed by Jerry Ruben Rodriquez 	(Rodriquez) 	of 	the Board's
decision 	in California School 	Employees Association and 	its
Chapter #149 	(Rodriquez) 	(1995) 	PERB Decision No. 	1121 	(CSEA
(Rodriquez)). 	In that decision, 	the Board affirmed a Board
agent's 	dismissal 	of 	Rodriquez's unfair practice 	charge 	as
untimely 	filed. 	That 	charge 	alleged 	that 	the 	California 	School
Employees Association and 	its 	Chapter #149 	(CSEA) 	breached 	its
duty 	of 	fair 	representation mandated by 	section 	3544.9 	of 	the
Educational 	Employment Relations Act 	(EERA), 	thereby violating
EERA section 3543.6(b)1 when it 	failed to 	fairly represent him
JEERA 	is 	codified at Government 	Code 	section 3540 	et 	seq.
Unless 	otherwise 	indicated, 	all 	statutory references 	herein are
to the Government 	Code. 	Section 3544.9 	states:
The 	employee 	organization 	recognized 	or
certified as 	the 	exclusive 	representative 	for
_________________ )

- -
with regard to certain employment 	disputes with his 	employer, 	the
Salinas 	City Elementary School 	District.
Rodriquez 	filed a 	request 	for 	reconsideration 	of 	CSEA
(Rodriguez) 	on the grounds 	that: 	the Board acted without 	its
powers, 	the decision was procured by fraud, 	the evidence does not
justify the 	findings 	of 	fact, 	and he has 	discovered new evidence.
He 	concludes 	by 	repeating his 	earlier position 	that 	CSEA violated
his 	rights 	under EERA on a 	continuing basis 	and 	therefore 	his
unfair practice 	charge was 	timely 	filed.
DISCUSSION
PERB Regulation 32410(a) 	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.
Rodriquez 	does 	not 	offer any persuasive 	evidence 	or explanation
to 	support 	his 	request 	for reconsideration. 	Although he 	offers
the purpose 	of meeting and negotiating 	shall
fairly 	represent 	each 	and 	every 	employee 	in
the 	appropriate unit.
Section 3543.6 provides, 	in pertinent part:
It 	shall 	be unlawful 	for an employee
organization to:
(b) 	Impose or threaten to 	impose 	reprisals
on employees, 	to discriminate or threaten to
discriminate against 	employees, 	or otherwise
to interfere with, 	restrain, 	or coerce
employees because 	of 	their exercise 	of 	rights
guaranteed by 	this 	chapter.
22

new evidence, 	he does not 	explain why it 	is 	either newly
discovered 	or not 	previously available.
Rodriquez's 	request 	for 	reconsideration repeats 	the position
he has 	taken before 	(i.e., 	that 	the 	charge was 	timely filed
because he 	is 	the victim of 	a continuing violation).
Reconsideration 	is 	not 	appropriate 	when a party merely 	restates
arguments 	and 	issues 	previously 	considered and 	rejected by 	the
Board 	in 	the underlying decision. 	(California 	State 	Employees
Association. 	Local 	1000 	(Janowicz) 	(1994) 	PERB Decision
No. 	1043a-S; 	California Faculty Association 	(Wang) 	(1988) 	PERB
Decision No. 	692a-H; 	Tustin Unified School District 	(1987) 	PERB
Decision No. 	626a; 	Riverside Unified School District 	(1987) 	PERB
Decision No. 	622a.) 	Under these cases, 	the Board finds that
Rodriquez's 	request 	does 	not meet 	the 	criteria 	in 	PERB Regulation
32410(a).
ORDER
The 	request 	for 	reconsideration of 	California 	School
Employees Association and its 	Chapter #149 	(Rodriguez) 	(1995)
PERB Decision No. 	1121 	is hereby DENIED.
Chairman 	Caffrey and Member Johnson 	joined 	in 	this 	Decision.
33