American Federation of Teachers College Staff Guild, Local 1521 (Mrvichin) (PERB 1132EA)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
GEORGE VLADIMIR MRVICHIN,
Charging 	Party,
v.
AMERICAN 	FEDERATION OF TEACHERS
COLLEGE STAFF GUILD, 	LOCAL 1521,
CFT/AFT, AFL-CIO,
Respondent.
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) 	Case No. 	LA-CO-625
Request for Reconsideration
PERB Decision No. 	1132
PERB Decision No. 	1132a
March 20, 	1996
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Appearance: 	George Vladimir Mrvichin, 	on his own behalf.
Before Garcia, 	Johnson and Dyer, 	Members.
DECISION
DYER, 	Member: 	This 	case 	is before 	the Public Employment
Relations 	Board 	(PERB 	or Board) 	on a 	request 	for reconsideration
of 	the Board's 	decision 	in American Federation of 	Teachers
College Staff Guild. 	Local 	1521. 	CFT/AFT. 	AFL-CIO 	(Mrvichin)
(1996) 	PERB Decision No. 	1132 	(AFT 	(Mrvichin)), 	filed by George
Vladimir Mrvichin 	(Mrvichin). 	In AFT 	(Mrvichin), 	the Board
dismissed 	the 	complaint 	and unfair practice 	charge 	in which
Mrvichin alleged 	that 	the American 	Federation of 	Teachers 	College
Staff Guild, 	Local 	1521, 	CFT/AFT, 	AFL-CIO breached its duty of
fair 	representation when 	it 	failed 	to assist 	him with his
grievances 	and when 	it 	refused 	to 	represent 	him in his 	dismissal
proceedings before 	the personnel 	commission.

DISCUSSION
PERB Regulation 324101 permits 	any party to a decision of
the 	Board 	itself 	to 	request 	the 	Board 	to 	reconsider 	that
decision. 	It 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.
The 	Board has 	strictly applied 	these 	limited 	grounds 	in
considering 	reconsideration 	requests 	specifically 	to 	avoid 	the
use 	of 	the 	reconsideration process 	to 	reargue 	or 	relitigate
issues which have already been decided. 	(Redwoods 	Community
College District 	(1994) 	PERB Decision No. 	1047a; 	State of
California 	(Department of Corrections) 	(1995) 	PERB Decision
No. 	ll00a-S.) 	In numerous 	request 	for reconsideration cases 	the
Board has 	declined 	to 	reconsider matters 	previously 	offered by
the parties 	and rejected 	in the underlying decision. 	(California
State University 	(1995) 	PERB Decision No. 	1093a-H; 	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.)
1PERB 	regulations 	are 	codified at 	California 	Code 	of
Regulations, 	title 8, 	section 31001 et seq.
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In his 	request 	for reconsideration, 	Mrvichin complains 	that
the Board 	failed to address 	numerous 	specific 	exceptions 	raised
on appeal 	of 	the underlying decision and he 	restates 	several 	of
the 	exceptions 	he previously presented 	to 	the 	Board.
Essentially, 	Mrvichin's 	request 	that 	the Board reconsider 	its
decision 	is 	a 	restatement 	of 	the 	issues 	he 	raised on appeal.
In AFT 	(Mrvichin), 	the Board thoroughly considered
Mrvichin's 	exceptions 	in light 	of 	the 	entire record. 	The Board
determined that 	the 	issues 	raised 	in Mrvichin's 	appeal 	were
properly addressed 	in 	the 	administrative 	law judge's 	(ALJ)
proposed decision. 	Accordingly, 	the Board adopted the ALJ's
decision as 	its 	own, 	finding it unnecessary to restate 	the
findings 	and 	conclusions 	of 	the ALJ. 	Mrvichin provides 	no
explanation 	from which the 	Board 	can determine 	how 	its 	failure 	to
respond 	to 	each of Mrvichin's 	numerous 	exceptions 	constitutes
prejudicial 	error of 	fact. 	Furthermore, 	as stated above,
reconsideration 	is 	not 	appropriate where 	a party merely 	repeats
arguments 	previously 	considered and 	rejected by 	the 	Board 	in 	the
underlying decision. 	Accordingly, 	Mrvichin's 	request 	for
reconsideration 	fails 	to 	state proper grounds 	for 	reconsideration
of 	the Board's decision.
w	
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ORDER
The 	request 	for reconsideration of American 	Federation 	of
Teachers College Staff Guild. 	Local 	1521. 	CFT/AFT. 	AFL-CIO
(Mrvichin) 	(1996) 	PERB Decision No. 	1132 	is hereby DENIED.
Members 	Garcia and Johnson 	joined 	in 	this 	Decision.
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