Corning Union High School District (PERB 0399EA)

STATE 	OF CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
CORNING UNION HIGH 	SCHOOL
TEACHERS ASSOCIATION, CTA/NEA,
Charging Party,
v.
CORNING UNION HIGH 	SCHOOL
DISTRICT,
Respondent.
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) 	Case 	No. 	S-CE-206
Request 	for 	Reconsideration
PERB Decision No. 	399
PERB Decision No. 	399a
October 	17, 	1984
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Appearances: 	Harold J. 	Lucas, 	Attorney for Corning Union High
School District; 	Kirsten L. 	Zerger, 	Attorney for Corning Union
High School Teachers Association, 	CTA/NEA.
Before Hesse, Chairperson; Morgenstern and Burt, Members.
DECISION
MORGENSTERN, 	Member: 	The Public Employment Relations Board
(PERB or 	Board), 	having duly considered the request for
reconsideration1 filed 	by 	the Corning 	Union High 	School
District 	(District) , 	hereby denies that request.
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
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, 	where

DISCUSSION
The 	District's 	reconsideration 	request 	rests 	on 	its
assertion 	that paragraph B(3) 	of 	the Board's 	order2 is
inappropriate due 	to 	the 	lengthy period 	of 	time 	that elapsed
between 	issuance of 	the hearing 	officer's 	proposed decision and
issuance of 	the Board's decision.
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.
2Paragraph 	B(3) 	reads as follows:
Grant to each of 	the 	seven employees harmed
by 	the 	unilateral change 	the amount of time
off which corresponds 	to 	the number 	of extra
hours worked as 	a 	result of 	the elimination
of 	the preparation period. 	Should 	the
parties 	fail 	to reach 	a 	satisfactory 	accord
as 	to 	the manner 	in which such 	time off will
be granted or 	if an 	individual 	is no longer
in 	the District's employ, 	then such employees
will 	be 	granted monetary 	compensation
commensurate with 	the 	additional 	hours
worked. 	However, 	if subsequent to the
District's unlawful action, 	the parties have,
on their own initiative, 	reached agreement or
negotiated 	through 	the 	completion 	of 	the
statutory 	impasse 	procedure 	concerning
preparation periods, 	then liability for
compensatory 	time off or 	back pay shall
terminate at 	that point. 	Any monetary
payment 	shall 	include 	interest at 	the 	rate of
seven 	(7) 	percent per annum.
N	
2

In 	accordance with prior 	Board 	decisions,3 we 	are
disinclined 	to order 	those 	employees 	harmed by 	the 	employer's
unilateral changes 	to forfeit 	their 	rights 	to 	full make-whole
relief because 	of 	administrative delay.
The 	District's 	remaining 	contentions 	fail 	to demonstrate
the 	requisite 	"extraordinary circumstances" 	and 	indeed 	seem to
assert various difficulties and burdens which, 	at 	this
juncture, 	have yet to materialize.
ORDER
For 	the reasons 	set forth above, 	the Corning Union High
School District's 	request 	for 	reconsideration 	OF PERB Decision
No. 	399 is DENIED.
Chairperson Hesse and Member 	Burt 	joined 	in 	this Decision.
3Pittsburg Unified School 	District 	(4/2/84) 	PERB Decision
No. 	318a; 	Mt. 	San Antonio Community College District 	(3/24/83)
PERB Decision No. 	297.
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