PERB Decision No. 1132EA•American Federation of Teachers College Staff Guild, Local 1521 (Mrvichin) (PERB 1132EA)
American Federation of Teachers College Staff Guild, Local 1521 (Mrvichin) (PERB 1132EA)
PERB Decision No. 1132EACalperb20 mars 1996
Texte intégral
STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD GEORGE VLADIMIR MRVICHIN, Charging Party, v. AMERICAN FEDERATION OF TEACHERS COLLEGE STAFF GUILD, LOCAL 1521, CFT/AFT, AFL-CIO, Respondent. ) ) ) Case No. LA-CO-625 Request for Reconsideration PERB Decision No. 1132 PERB Decision No. 1132a March 20, 1996 ) ) ) ) ) ) ) ) ) Appearance: George Vladimir Mrvichin, on his own behalf. Before Garcia, Johnson and Dyer, Members. DECISION DYER, Member: This case is before the Public Employment Relations Board (PERB or Board) on a request for reconsideration of the Board's decision in American Federation of Teachers College Staff Guild. Local 1521. CFT/AFT. AFL-CIO (Mrvichin) (1996) PERB Decision No. 1132 (AFT (Mrvichin)), filed by George Vladimir Mrvichin (Mrvichin). In AFT (Mrvichin), the Board dismissed the complaint and unfair practice charge in which Mrvichin alleged that the American Federation of Teachers College Staff Guild, Local 1521, CFT/AFT, AFL-CIO breached its duty of fair representation when it failed to assist him with his grievances and when it refused to represent him in his dismissal proceedings before the personnel commission.
DISCUSSION PERB Regulation 324101 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. ll00a-S.) 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) (1988) PERB Decision No. 692a-H; Tustin Unified School District (1987) PERB Decision No. 626a; Riverside Unified School District (1987) PERB Decision No. 622a.) 1PERB regulations are codified at California Code of Regulations, title 8, section 31001 et seq. 22
In his request for reconsideration, Mrvichin complains that the Board failed to address numerous specific exceptions raised on appeal of the underlying decision and he restates several of the exceptions he previously presented to the Board. Essentially, Mrvichin's request that the Board reconsider its decision is a restatement of the issues he raised on appeal. In AFT (Mrvichin), the Board thoroughly considered Mrvichin's exceptions in light of the entire record. The Board determined that the issues raised in Mrvichin's appeal were properly addressed in the administrative law judge's (ALJ) proposed decision. Accordingly, the Board adopted the ALJ's decision as its own, finding it unnecessary to restate the findings and conclusions of the ALJ. Mrvichin provides no explanation from which the Board can determine how its failure to respond to each of Mrvichin's numerous exceptions constitutes prejudicial error of fact. Furthermore, as stated above, reconsideration is not appropriate where a party merely repeats arguments previously considered and rejected by the Board in the underlying decision. Accordingly, Mrvichin's request for reconsideration fails to state proper grounds for reconsideration of the Board's decision. w 3
ORDER The request for reconsideration of American Federation of Teachers College Staff Guild. Local 1521. CFT/AFT. AFL-CIO (Mrvichin) (1996) PERB Decision No. 1132 is hereby DENIED. Members Garcia and Johnson joined in this Decision. 44
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