State of California (Department of Developmental Services, Napa State Hospital) (Matta) (PERB 0378SA)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
RICHARD C. 	MATTA,
Charging 	Party,
v.
STATE 	OF 	CALIFORNIA 	(DEPARTMENT
OF DEVELOPMENTAL SERVICES, 	NAPA
STATE HOSPITAL),
Respondent.
Case No. 	SF-CE-20-S
Request 	for 	Reconsideration
PERB Decision No. 	378-S
PERB Decision No. 	378a-S
April 	6, 	1984
Appearances; 	Tim J. 	Emert, 	Attorney 	(True, Wetzel, 	Colton,
Fouts & Ogulnik) 	for Charging Party; 	Christine A. 	Bologna,
Attorney 	for 	Respondent.
Before Tovar, 	Jaeger and Burt, 	Members.
DECISION
JAEGER, 	Member: 	The 	Public Employment 	Relations Board
(Board), 	having duly considered Richard C. 	Matta's request 	for
reconsideration, 	hereby denies 	that 	request.
DISCUSSION
In 	State 	of 	California 	(Department 	of 	Developmental
Services, 	Napa State Hospital) 	(2/15/84) 	PERB Decision
No. 	378-S, 	the 	Board affirmed an Administrative Law Judge's
(ALJ) 	proposed decision dismissing 	Richard C. 	Matta's 	charge
that 	the 	Department 	of 	Developmental 	Services, 	Napa 	State
Hospital, 	violated subsection 3519(a) 	of the 	State
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Employer-Employee 	Relations 	Act 	by 	discriminatorily discharging
him.
Pursuant 	to 	PERB rule 	32410(a),1 the 	Charging 	Party
requests 	reconsideration of 	the Board's 	decision, 	asserting
that 	our 	affirmance 	of 	the 	ALJ's 	credibility determinations
constitutes 	a prejudicial 	error 	of 	fact 	justifying 	reversal 	of
the decision.
The 	Charging 	Party's 	argument 	is 	merely a 	reassertion of
his 	contention 	that 	the ALJ made 	incorrect 	credibility
findings. 	The 	Board has previously held 	that 	the mere
reassertion of 	a 	legal 	argument 	that has been 	considered 	and
rejected by the 	Board 	in 	an underlying 	Decision 	is 	not 	the 	sort
of 	"extraordinary circumstance" 	which 	justifies 	granting
reconsideration of a Board decision pursuant 	to rule 	32410(a).
See 	Rio Hondo Community College 	District 	(5/16/83) 	PERB
1PERB 	rules 	are 	codified 	at 	California 	Administrative
Code, 	title 8, 	section 31001 et 	seq. 	PERB rule 32410(a)
provides:
Any party 	to a 	decision of 	the 	Board 	itself
may, 	because of extraordinary circumstances,
file a 	request 	to 	reconsider 	the
decision 	. 	. 	. 	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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Decision No. 	279a; 	Livermore Valley Joint Unified 	School
District 	(10/21/81) 	PERB Order No. 	JR-9. 	Accordingly, 	there is
no basis 	upon which to grant 	reconsideration.
ORDER
The 	request 	for 	reconsideration 	in Case No. 	SP-CE-20-S is
hereby 	DENIED.
Members 	Tovar 	and Burt 	joined 	in 	this 	Decision.
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