ABC Unified School District (American Federation of State, County and Municipal Employees) (PERB 0831EA)

STATE 	OF 	CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
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AMERICAN FEDERATION OF 	STATE,
COUNTY AND MUNICIPAL EMPLOYEES,
AFL-CIO, 	Local 2229,
Charging 	Party,
v.
ABC 	UNIFIED 	SCHOOL 	DISTRICT,
Respondent.
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) 	Case No. 	LA-CE-2860
INTERIM ORDER 	- 	REQUEST
FOR RECONSIDERATION
PERB Decision No. 	831a
November 16, 	1990
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Appearances: 	Reich, 	Adell & Crost by John Rubin, 	Attorney, 	for
American Federation of 	State, 	County and Municipal 	Employees,
AFL-CIO, 	Local 2229; 	Atkinson, Andelson, 	Loya, 	Ruud & Romo by
James C. 	Romo, 	Attorney, 	for ABC Unified School District.
Before Hesse, 	Chairperson; 	Shank and Camilli, 	Members.
DECISION
HESSE, 	Chairperson: 	The ABC Unified School 	District
(District) 	filed a 	timely motion 	for reconsideration under
California Code of Regulations, 	Title 8, 	section 32410 	of the
Public 	Employment 	Relations 	Board 	(PERB 	or Board) 	Decision and
Order 	granting the American Federation of 	State, 	County and
Municipal Employees, 	AFL-CIO, 	Local 2229's 	(AFSCME) 	request to
withdraw 	the 	underlying unfair practice 	charge 	and 	setting 	aside
the proposed decision in this 	case. 	The District's 	motion was
based on, 	inter alia·----	 	. 	the 	lack of 	an opportunity to respond to
AFSCME's 	request 	for withdrawal. 	The District contends, 	and
AFSCME does 	not dispute, 	that the District was 	not properly
served with AFSCME's 	request.
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PERB Regulation 32410, 	concerning requests 	for
reconsideration states, 	in pertinent part, 	"[A]ny party to a
decision of 	the 	Board 	itself 	may, 	because of 	extraordinary
circumstances, 	file 	a request 	to 	reconsider the decision 	. . . "
Because 	the 	Board 	finds 	that the 	issue 	of 	due process 	raised by
the 	District 	constitutes 	extraordinary circumstances, 	the 	Board
hereby GRANTS 	the 	request 	for 	reconsideration. 	A decision 	on the
merits 	of AFSCME's 	request 	to withdraw the 	underlying unfair
practice 	charge will 	follow.
Members 	Shank and Camilli 	joined 	in this 	Decision.
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