San Francisco Community College District (Leptich) (PERB 1081EA)

STATE 	OF 	CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
ELISA MARIA LEPTICH,
Charging 	Party,
v.
SAN FRANCISCO 	COMMUNITY 	COLLEGE
DISTRICT,
Respondent.
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) 	Case No. 	SF-CE-1725
Request 	for Reconsideration
PERB Decision No. 	1081
PERB Decision No. 	1081a
May 	5, 	1995
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Appearance; 	Elisa Maria Leptich, 	on her own behalf.
Before Blair, 	Chair; 	Carlyle and Johnson, 	Members.
DECISION
CARLYLE, 	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
San Francisco Community College District 	(Leptich) 	(1995) 	PERB
Decision No. 	1081.
PERB Regulation 32410(a)1 states:
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
requesting 	reconsideration 	are 	limited 	to
1PERB 	regulations 	are 	codified at 	California 	Code 	of
Regulations, 	title 8, 	section 31001 et seq.
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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. 	Leptich's 	appeal 	was properly rejected by the 	Board 	in
the underlying decision.
ORDER
The 	request 	for 	reconsideration 	of 	San 	Francisco 	Community
College District 	(Leptich) 	(1995) 	PERB Decision No. 	1081 	is
hereby DENIED.2
Chair Blair and Member Johnson joined 	in 	this 	Decision.
2The 	request 	for 	reconsideration 	also 	contained a 	request
for judicial 	review. 	Since a 	request 	for the Board to 	join 	in a
request 	for 	judicial 	review is 	limited 	to 	review of 	a unit
determination with 	certain exceptions not present 	in this 	case,
this 	particular 	request would appear to be 	a petition 	for a writ
of 	extraordinary relief 	and 	is 	thus 	covered by the 	Educational
Employment Relations Act, 	Government Code section 3542(b) 	which
states:
Any charging party, 	respondent, 	or intervenor
aggrieved by a 	final 	decision or order of 	the
board in an unfair practice 	case, 	except a
decision of 	the board not 	to 	issue a 	complaint
in such a case, 	may petition for a writ 	of
extraordinary 	relief 	from such decision 	or
order. 	[Emphasis added.]
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