San Francisco Community College District (PERB 0703EC)

STATE 	OF 	CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
SAN 	FRANCISCO COMMUNITY COLLEGE
FEDERATION OF TEACHERS, 	AFT 2121,
Charging 	Party,
v.
SAN FRANCISCO COMMUNITY COLLEGE
DISTRICT,
Respondent.
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) 	Case No. 	SF-CE-1146
Request 	for Reconsideration
PERB 	Decision No. 	703b
PERB Decision No. 	703c
January 22, 	1990
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Appearances: 	Robert J. 	Bezemek, 	Attorney, 	for San Francisco
Community College Federation of Teachers, 	AFT 2121; 	Liebert,
Cassidy 	& 	Frierson by Nicholas 	T. 	Calderon and Jeffrey 	Sloan,
Attorneys, 	for San Francisco Community College District.
Before Hesse, Chairperson; 	Craib, 	Shank, 	and Camilli, Members.
DECISION
HESSE, 	Chairperson: 	The San Francisco Community College
Federation of Teachers, 	AFT 2121 	(Federation) 	requests
reconsideration of Decision No. 	703b, 	issued by the Public
Employment Relations Board 	(PERB or Board) 	on November 28, 	1989.
Having 	duly 	considered 	the 	Federation's 	request 	for
reconsideration and 	the 	San 	Francisco 	Community 	College
District's 	(District) 	response, 	the Board itself hereby denies
the 	request 	for the 	reasons 	that 	follow.
In PERB Decision No. 	703b, 	the Board denied the Federation's
request to vacate PERB Decision Nos. 	703 	and 703a. 	The Board
held that 	it does 	not have 	jurisdiction to 	nullify 	or vacate 	a
final 	decision. 	The 	Federation's 	request was based 	on a decision
by the Court of Appeal, 	First Appellate District, 	Division Five
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in United Public Employees Local 	790. 	SEIU. 	AFL/CIO v. 	Public
Employment Relations Board 	(1989) 	213 	Cal.App.3d 	1119, 	which
annulled 	PERB's 	decision 	in 	San 	Francisco 	Community 	College
District 	(1988) 	PERB Decision Nos. 	688 and 688a, 	a companion case
involving the 	classified employees' 	exclusive representative. 	In
PERB Decision No. 	703b, 	the Board held that 	since neither the
Federation nor 	the 	District 	sought 	judicial 	review of 	the 	Board's
decision in PERB Decision Nos. 	703 	and 	703a, 	those decisions were
final, 	and, 	thus, 	the Board could not vacate them.
DISCUSSION
PERB Regulation 32410(a)1 states, 	in pertinent part:
Any party to 	a decision of 	the Board 	itself
may, 	because of 	extraordinary circumstances,
file a request to reconsider the decision 	. 	. 	.
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 	request 	for 	reconsideration asserts 	that 	the 	Board 	has
jurisdiction to 	"rectify 	the 	damages 	suffered by 	several
individuals 	involved 	in Decision No. 	703 	and 703a." 	The
Federation bases 	its 	argument 	on the 	fact 	that 	the Court 	of
Appeal 	vacated 	the 	Board's 	decision 	in 	San Francisco 	Community
College District, 	supra, 	PERB Decision Nos. 	688 and 688a. 	The
Federation argues 	that the Board, 	pursuant to 	section 3 541.3(n)
of 	the Educational Employment Relations Act, 	has 	the authority to
1PERB 	Regulations 	are 	codified 	at 	California Administrative
Code, 	title 8, 	section 31001 	et seq.
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"take 	such other action as 	the 	Board deems 	necessary to discharge
its 	powers 	and duties 	and otherwise 	effectuate 	the purposes 	of
this 	chapter." 	These arguments 	do 	not 	allege 	either prejudicial
errors 	of 	fact 	or newly discovered 	evidence 	or 	law. 	As 	this
request 	for 	reconsideration 	consists 	solely of 	assertions 	that
the Board made 	errors of 	law, 	the Federation has 	failed to
demonstrate 	extraordinary 	circumstances 	warranting
reconsideration.2
ORDER
The 	request 	for reconsideration 	filed by 	the 	San Francisco
Community College Federation of Teachers, 	AFT 2121 	is 	DENIED.
By 	the 	Board.3
2In a 	subsequent decision by the Board at 	San Francisco
Community College District 	(1989) 	PERB Decision No. 	688b, 	the
Board 	stated that PERB Decision Nos. 	703 	and 703a, 	wherein the
Board 	found 	that 	the 	District 	and 	the 	City 	and County 	of
San Francisco were not 	joint 	employers, 	were not vacated.
However, 	the Board noted that the Court of Appeal, 	in its
decision 	in United 	Public 	Employees 	Local 	790, 	SEIU, 	AFL/CIO v.
Public Employmen	----------·	t Relations 	Board, 	supra	- 	- 	, 	213 	Cal.App.3d 	1119,
held 	that 	the 	District 	and City and County 	of 	San Francisco 	are
joint employers, 	and annulled Decision Nos. 	688 and 688a.
3Member Cunningham did 	not participate 	in this 	Decision.
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