Coachella Valley Federation of Teachers, California Federation of Teachers/American Federation of Teachers (Kok) (PERB 1302EA)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
•.
PHILIP A. 	KOK,
Charging Party,
v.
COACHELLA VALLEY 	FEDERATION OF
TEACHERS, CFT/AFT,
Respondent.
Case No. 	LA-CO-746
Request 	for Reconsideration
PERB Decision No. 13 02
PERB Decision No. 	13 02a
March 	11, 	1999
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Appearance: 	Philip A. 	Kok, 	on his own behalf.
Before Caffrey, 	Chairman; 	Dyer and Amador, 	Members.
DECISION
CAFFREY, 	Chairman: 	This 	case is before the Public
Employment 	Relations 	Board 	(PERB or Board) 	on a 	request by
Philip A. 	Kok 	(Kok) 	that 	the Board reconsider its decision in
Coachella Valley Federation of Teachers. 	CFT/AFT 	(Kok) 	(1998)
PERB Decision No. 	1302 	(Coachella VFOT). 	In Coachella VFOT. 	the
Board denied Kok's 	appeal 	of 	a Board agent's 	dismissal 	of 	his
unfair practice 	charge 	and 	concluded 	that 	the 	Coachella Valley
Federation of 	Teachers, 	CFT/AFT did not violate 	section 	3543.6(b)
of 	the Educational 	Employment 	Relations Act 	(EERA)1 by failing to
assist 	him 	in processing a 	grievance 	to 	arbitration.
1EERA is 	codified at Government 	Code 	section 3540 	et 	seq.
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DISCUSSION
PERB Regulation 324102 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. 	1100a-S.) 	Similarly, 	reconsideration will not be granted
based on a 	claim of 	an alleged prejudicial 	error 	of 	law.
(Jamestown Elementary School 	District 	(1989) 	PERB Order
No. 	Ad-187a.) 	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)
2PERB 	regulations 	are 	codified at 	California 	Code 	of
Regulations, 	title 8, 	section 31001 et seq. 	A revision to PERB 	.
Regulation 	32410 	became 	effective 	in 	February 	1999 	subsequent 	to
the 	filing of 	this 	request 	for reconsideration. 	The 	revision has
no bearing 	on the Board's 	consideration of 	this 	request.
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(1988) 	PERB Decision No. 	692a-H; 	Tustin Unified School District
(1987) 	PERB Decision No. 	626a; 	Riverside Unified School District
(1987) 	PERB Decision No. 	622a.)
On January 5, 	1999, 	Kok 	filed the 	instant 	request 	seeking
reconsideration of 	the Board's 	decision 	in Coachella VFOT. 	Kok
makes 	no 	assertions 	that 	the 	Board's 	decision 	contains
prejudicial 	errors 	of 	fact, 	or that he has 	found newly discovered
evidence 	or newly discovered law. 	(Regents 	of 	the University of
California 	(1998) 	Decision No. 	1271-H at p. 	3.) 	All of 	the
relevant 	information 	included 	in 	this 	reconsideration 	request 	was
included 	in the appeal 	in the underlying 	case, 	and has already
been considered by the Board. 	Therefore, 	Kok's 	request 	fails 	to
demonstrate 	grounds 	for 	reconsideration 	sufficient 	to 	comply with
PERB Regulation 32410.
ORDER
The 	request 	for 	reconsideration 	in Coachella Valley
Federation of Teachers. 	CFT/AFT 	(Kok) 	(1998) 	PERB Decision
No. 	1302 	is hereby DENIED.
Members 	Dyer and Amador 	joined 	in 	this 	Decision.
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