California State Employees Association (Hutchinson) (PERB A299SA)

STATE
	OF
	CALIFORNIA
DECISION
	OF
	THE
FUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
CESSALY D. 	HUTCHINSON,
Charging
	Party,
v.
CALIFORNIA STATE
	EMPLOYEES
ASSOCIATION,
Respondent.
Case
	No.
	SF-CO-39-S
Request
	for
	Reconsideration
PERB
	Order
	No.
	Ad-299-S
PERB
	Order
	No.
	Ad-299a-S
December
	21,
	1999
Appearance:	
Cessaly
	D.
	Hutchinson,
	on
	her
	own
	behalf.
Before
	Caffrey,
	Chairman; 	Dyer 	and
	Amador, 	Members.
DECISION
CAFFREY,
	Chairman:
	This 	case
	is
	before 	the 	Public
Employment
	Relations
	Board
	(PERB
	or
	Board) 	on
	a
	request
	by
Cessaly
	D.
	Hutchinson 	(Hutchinson)
	that
	the
	Board
	reconsider
	its
decision 	in 	California 	State
	Employees
	Association
	(Hutchinson)
(1999)
	PERB
	Order
	No.
	Ad-299-S
	(CSEA
	(Hutchinson)). 	In
	CSEA
(Hutchinson},
	the
	Board
	denied 	Hutchinson's 	request
	that 	the
Board
	accept 	her
	late 	filed
	amendments
	to 	her 	appeal 	of 	the
dismissal 	in
	Case
	No.
	SF-CO-39-S.
DISCUSSION
permits
	any
	party 	to
	a
	decision 	of
the
	Board
	itself,
	"because 	of 	extraordinary 	circumstances,"
	to
request 	that 	the
	Board
	reconsider
	its
	decision. 	Regulation
32410(a)
	states, 	in 	pertinent 	part:
PERB
	Regulation
	32410(a)
1
PERB
	regulations 	are 	codified 	at 	California
	Code
	of
Regulations,
	title
	8, 	section 	31001
	et 	seq.
1

The
	grounds
	for
	requesting 	reconsiderationare
	limited 	to
	claims
	that:
	(1)
	the 	decision
of 	the
	Board
	itself
	contains
	prejudicialerrors
	of
	fact,
	or
	(2)
	the
	party
	has
	newly
discovered
	evidence
	which
	was
	not
	previously
available
	and
	could 	not
	have 	been
	discoveredwith
	the
	exercise
	of 	reasonable
	diligence.
In 	considering 	requests
	for 	reconsideration, 	the
	Board
	has
strictly
	applied 	the
	limited
	grounds
	described
	in
	PERB
	Regulation
32410
	to
	avoid 	the
	use 	of
	the 	reconsideration
	process
	to
relitigate
	issues
	which 	have
	already
	been
	decided.
	(Redwoods
Community
	College
	District
	(1994)
	PERB
	Decision
	No.
	1047a;
	Madera
County
	Office 	of 	Education
	(1999)
	PERB
	Decision
	No.
	1334a.)
In 	her 	request 	for 	reconsideration,
	Hutchinson 	does
	not
claim
	that
	the 	Board's 	decision 	contains
	prejudicial 	error
	of
fact,
	or
	that
	she 	has
	discovered
	new
	evidence. 	Consequently,
Hutchinson's 	request 	for 	reconsideration
	fails
	to
	demonstrate
grounds
	sufficient
	to
	comply
	with
	PERB
	Regulation
	32410.
ORDER
The
	request 	for 	reconsideration 	in 	California 	State
Employees
	Association
	(Hutchinson)
	(1999)
	PERB
	Order
	Ad-299-S
	is
hereby
	DENIED.
Members
	Dyer 	and
	Amador
	joined 	in 	this
	Decision.
2