Jamestown Elementary School District (PERB A187EA)

STATE 	OF 	CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
JAMESTOWN ELEMENTARY SCHOOL DISTRICT,
Employer,
and
JAMESTOWN TEACHERS ASSOCIATION/
CTA/NEA,
Employee Organization,
and
CALIFORNIA 	SCHOOL 	EMPLOYEES
ASSOCIATION AND 	ITS 	TUOLUMNE
CHAPTER 	276,
Employee Organization.
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) 	Case 	No. 	S-D-118
Request 	for 	Reconsideration
PERB 	Order No. 	Ad-187
PERB Order No. 	Ad-187a
September 	5, 	1939
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Appearance: 	Maureen C. 	Whelan, 	Attorney, 	for California School
Employees Association and its 	Tuolumne Chapter No. 	276;
California Teachers Association by A. 	Eugene Huguenin, 	Jr.,
Attorney, 	for Jamestown Teachers Association, 	CTA/NEA.
Before Porter, 	Craib, 	Shank and Camilli, 	Members.
DECISION
CAMILLI, 	Member: 	The California School Employees
Association and 	its 	Tuolumne Chapter 276 	(CSEA) 	requests
reconsideration of PERB Order No. 	Ad-187, 	issued by the Public
Employment Relations Board 	(PERB or Board) 	on June 21, 	1989.
Having duly considered the 	request 	for reconsideration, 	the 	Board
itself hereby denies 	the request 	for the 	reason that 	follows.
CSEA asserts 	in its 	Motion for Reconsideration that:
. 	. 	. 	CSEA urges the full Board to review
this 	case 	in which the PERB has 	prejudicially
erred on the 	law. 	(Emphasis 	added.)
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However, 	pursuant 	to PERB Regulation 	32410(3)1 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.
This 	request 	for reconsideration consists 	of 	an assertion
that 	the 	Board made a prejudicial 	error of 	law. 	As 	this
assertion does 	not meet the 	standards 	set 	forth 	in PERB
Regulation 32410(a), 	the reconsideration request is denied.
ORDER
The request 	for reconsideration of 	PERB Order No. 	Ad-187
(Case No. 	S-D-118) 	is hereby DENIED.
Members 	Craib 	and 	Shank 	joined 	in this 	Decision.
Member Porter's 	dissent begins 	on page 	3.
1PERB
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1PERB 	Regulations 	are 	codified 	at 	California Administrative
Code, 	title 8, 	section 31001 et seq.
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Porter, 	Member, 	dissenting: 	Adhering to my dissent in PERB
Order No. 	AD-187, 	I would grant and/or order reconsideration in
this case.
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