El Monte Union High School District (PERB 0220EA)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC EMPLOYMENT 	RELATIONS 	BOARD
EL MONTE 	UNION HIGH 	SCHOOL 	DISTRICT
EDUCATION ASSOCIATION/CTA/NEA,
Charging 	Party,
v.
EL MONTE 	UNION HIGH SCHOOL 	DISTRICT,
Respondent.
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) 	Case No. 	LA-CE-1243
Request 	for 	Reconsideration
PERB 	Decision No. 	220
PERB Decision No. 	220a
December 	27, 	1982
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Appearances: 	Sandra H. 	Paisley, 	Attorney for El Monte Union
High School 	District Education Association/CTA/NEA; 	and
David G. 	Miller, 	Attorney for 	El Monte Union High School
District.
Before Gluck, 	Chairperson; 	Tovar 	and Morgenstern, Members.
REQUEST 	FOR 	RECONSIDERATION
TOVAR, 	Member: 	Following 	the 	issuance of 	the Public
Employment Relations Board's 	(PERB or Board) 	Decision 	in
El Monte 	Union High School District 	(6/30/82) 	PERB 	Decision
No. 	220, 	the Board 	received a request 	for 	reconsideration and 	a
request 	for 	a stay of 	action 	from 	the 	El Monte 	Union High
School District 	(District), 	pursuant 	to PERB rule 	32410(a).l
1PERB 	rules 	are 	codified 	at 	California Administrative
Code, 	title 	8, 	sections 	31000 et 	seq. 	PERB rule 	32410(a)
provides 	that:
(a) 	Any party 	to a decision of 	the 	Board
itself may, 	because of extraordinary
circumstances, 	file a request 	to reconsider
(
e

The 	El Monte Union High 	School 	District Education
Association/CTA/NEA, 	(Association) 	filed a response 	to the
request.
DECISION 	AND 	ORDER
The District 	argues 	in 	its 	request 	that 	the Board 	has
substantially departed 	from 	applicable 	federal 	precedent 	by
disregarding 	the Association's 	agreement 	not 	to modify 	the 	unit
PERB 	rule 	32410(a) 	has 	been 	interpreted 	to permit
reconsideration 	when 	the 	Board 	finds 	that 	substantial 	errors 	of
law 	or 	fact 	have 	been 	demonstrated. 	Bassett 	Unified School
District 	(3/23/79) 	PERB Order No. 	Ad-62.
We 	have 	previously explained 	in Decision No. 	220 why 	the
federal 	law 	the District 	relies 	on 	is 	not 	applicable 	to 	the
facts 	here. 	The 	District 	seeks 	by 	this 	request 	to relitigate
the 	issues. 	Mere 	disagreement 	with our 	conclusion 	is
insufficient 	to satisfy 	the 	"extraordinary 	circumstances"
requirement 	in 	the 	rule.
the 	decision with 	the 	Board 	itself 	within 	10
days 	following 	the date 	of 	service 	of 	the
decision. 	The 	request 	for 	reconsideration
shall 	be 	filed 	with 	the Executive Assistant
to 	the 	Board and 	shall 	state with
specificity 	the 	grounds 	claimed 	and, 	where
applicable, 	shall 	specify the page of 	the
record relied on. 	Service 	and 	proof 	of
service 	of 	the 	request 	pursuant 	to
Section 	32140 	are 	required. 	(Exp. 	9/20/82)
(Emphasis 	added).
N	
2

However, 	the District 	correctly 	points 	out 	that 	the Notice
to Employees 	in 	the Appendix accompanying 	the 	Board's decision
does 	not 	conform to 	the Board's Order. 	A preliminary draft 	of
the Notice was 	mistakenly attached 	to 	the 	issued 	decision. 	The
Notice 	appended 	to 	the 	actual 	signed 	decision on 	file 	at 	the
Board's headquarters, which was 	the one 	intended 	to be
circulated 	to 	the 	parties, 	is 	attached 	hereto 	and replaces 	the
Notice of 	which 	the 	District 	complains.
The 	Request 	for 	a Stay of 	Action 	is 	DENIED.2
Chairperson Gluck 	and Member 	Morgenstern 	joined 	in 	this
Decision.
2PERB Rule 	32410(c) 	provides 	that 	"The 	filing of 	a
request 	for 	reconsideration 	shall 	not 	operate 	to stay 	the
effectiveness 	of 	a decision of 	the 	Board 	itself 	unless
otherwise 	ordered 	by 	the 	Board 	itself."
W	
3

APPENDIX
NOTICE 	TO EMPLOYEES
POSTED BY 	ORDER 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
An Agency of 	the 	State 	of California
After 	a hearing in unfair 	practice case No. 	LA-CE-1243, 	in
which 	all 	parties 	participated, 	it 	has 	been found 	that 	the
El Monte 	Union High 	School 	District 	violated 	the 	Educational
Employment Relations Act 	by 	failing 	and 	refusing 	to 	negotiate
in 	good 	faith with 	the 	El Monte 	Union High 	School 	District
Education Association. 	As 	a result, 	we 	have 	been ordered 	to
post 	this Notice, 	and we will 	abide 	by 	the 	following:
A. 	CEASE AND 	DESIST 	from 	failing 	and 	refusing 	to meet 	and
negotiate 	in 	good 	faith with 	the 	Association 	regarding 	summer
school 	and 	hourly 	employees;
B. 	Upon request, 	meet 	and negotiate 	in good 	faith with 	the
Association 	regarding 	summer 	school 	and 	hourly 	employees.
Dated: 	EL MONTE 	UNION 	HIGH 	SCHOOL 	DISTRICT
By
THIS 	IS 	AN OFFICIAL NOTICE. 	IT MUST REMAIN POSTED FOR AT LEAST
THIRTY 	(3 0) 	WORKDAYS FROM THE DATE OF POSTING AND MUST NOT BE
REDUCED IN SIZE, 	DEFACED, 	ALTERED OR COVERED BY ANY MATERIAL.