American Federation of Teachers (Leptich) (PERB 1074EA)

STATE 	OF 	CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
ELISA MARIA 	LEPTICH,
Charging 	Party,
v.
AMERICAN FEDERATION OF TEACHERS,
LOCAL 	2121,
Respondent.
Case No. 	SF-CO-472
Request 	for Reconsideration
PERB Decision No. 	1074
PERB Decision No. 	1074a
March 20, 	1995
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Appearance; 	Elisa Maria Leptich, 	on her own behalf.
Before Carlyle, 	Garcia and Johnson, 	Members.
DECISION
JOHNSON, 	Member: 	This 	case 	is before the Public Employment
Relations 	Board 	(PERB or Board) 	on a 	request by Elisa Maria
Leptich 	(Leptich) 	for reconsideration of 	the Board's 	decision 	in
American Federation of Teachers. 	Local 2121 	(Leptich) 	(1994) 	PERB
Decision No. 	1074.
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
within 20 	days 	following 	the date 	of 	service
of 	the decision. 	An original 	and 5 	copies 	of
the 	request 	for 	reconsideration 	shall 	be
filed with the Board 	itself 	in 	the
headquarters 	office and 	shall 	state with
specificity the grounds 	claimed and, 	where
applicable 	-	 	, 	shall 	specify the page of the
record relied on. 	Servic
----	 e and proo
-	 f 	of
service 	of 	the 	request pursuant 	to section
32140 	are 	required. 	The grounds 	for
requesting1 reconsideration are 	limited 	to
1PERB 	regulations 	are 	codified at 	California Code 	of
Regulations, 	title 8, 	section 31001 et seq.
e

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.
(Emphasis 	added.)
The 	request 	for 	reconsideration 	fails 	to 	comply with
Regulation 32410(a) 	because 	it does not 	state 	extraordinary
circumstances, 	nor does 	it 	state with specificity the grounds
claimed.
The 	Board has 	reviewed Leptich's 	claim of 	prejudicial 	error
and finds 	that none exists. 	Leptich's appeal was properly
rejected by 	the 	Board 	in 	the underlying decision.
ORDER
The 	request 	for 	reconsideration 	of American 	Federation 	of
Teachers, 	Local 2121 	(Leptich) 	(1994) 	PERB Decision No. 	1074 is
hereby DENIED.
Members 	Carlyle 	and Garcia 	joined 	in 	this 	Decision.
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