Oakland Unified School District (PERB 0367EA)

STATE 	OF CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
OAKLAND 	SCHOOL 	EMPLOYEES
ASSOCIATION,
Charging 	Party,
V.
OAKLAND UNIFIED SCHOOL DISTRICT,
Respondent.
Case No. 	SF-CE-469
Request 	for 	Stay
PERB Decision No. 	367
INTERIM ORDER
PERB Decision No. 	367a
Administrative Appeal
PERB Order 	No. 	Ad-140
February 27, 	1984
Appearances: 	Andrew Thomas 	Sinclair, 	Attorney for 	Oakland
School Employees Association; 	Nancy Helen Lowenthal, 	Attorney
for 	Oakland 	Unified 	School 	District.
Before Tovar and Morgenstern, Members; 	and Hesse, 	Chairperson,
DECISION AND 	ORDER
MORGENSTERN, 	Member: 	The Oakland Unified School 	District
(District) 	has filed a 	Request 	for Reconsideration of PERB
Decision No. 	367 pursuant to rule 324101 of the Public
Employment Relations Board 	(PERB or 	Board). 	The District ha
1/ PERB rules are codified at California Administrative
Code, 	title 	8, 	section 31001 et seq. 	Rule 32410 provides, 	in
pertinent part:
(a) 	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,
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also 	requested 	a 	stay of 	the 	effectiveness 	of 	that decision.
Pursuant 	to 	a mutually agreed-upon 	extension of 	time within
which 	to 	file, 	the District filed 	its 	requests 	on January 	19,
1984, 	and the Oakland School Employees Association
(Association) 	filed 	its Opposition 	to 	the 	Stay on February 	6,
1984.
Also on February 	6, 	1984, 	the Association filed an appeal
from 	the 	administrative 	decision 	of 	PERB's 	regional 	director
denying 	the Association's 	request 	for 	immediate 	enforcement 	of
Decision No. 	367, 	notwithstanding the pendency of 	the
District's 	request 	for 	reconsideration.
The 	Board 	hereby ORDERS 	that 	compliance 	with 	Decision
No. 	367 	be 	STAYED pending 	our 	determination whether 	to grant
reconsideration, 	and 	further 	ORDERS 	that 	the Association's
administrative 	appeal be DENIED.
Member 	Tovar 	and Chairperson Hesse 	joined 	in 	this 	Decision.
where applicable, 	shall 	specify 	the page
of 	the 	record relied on. 	Service and
proof 	of 	service 	of 	the 	request pursuant
to 	Section 32140 	are required. 	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.
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