Los Angeles Unified School District (Woods) (PERB A228EA)

STATE
	OF
	CALIFORNIA
DECISION
	OF 	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
VINCENT
	DARRYL 	WOODS,
Charging
	Party,
v.
LOS
	ANGELES
	UNIFIED
	SCHOOL
	DISTRICT,
Respondent.
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Case
	No.
	LA-CE-2908
Request
	for
	Reconsideration
PERB
	Order
	No.
	Ad-228
PERB
	Order
	No.
	Ad-228a
March
	19,
	1992
Appearance: 	Vincent 	Darryl
	Woods,
	on
	his
	own
	behalf.
Before
	Hesse,
	Chairperson; 	Camilli
	and
	Carlyle,
	Members.
DECISION
CARLYLE, 	Member:
	This 	case
	is
	before 	the 	Public
	Employment
Relations
	Board
	(PERB
	or
	Board) 	on
	a
	request 	for 	reconsideration
filed
	by
	Vincent 	Darryl
	Woods 	(Woods)
	of 	the 	Board's
	decision 	in
Los
	Angeles 	Unified
	School
	District
	(1992)
	PERB
	Order
	No.
	Ad-228.
In
	that
	decision, 	the
	Board
	affirmed 	the
	PERB
	appeals
	assistant's
rejection
	of
Wood's
	exceptions
	to
	an
	administrative
	law
	judge's
decision
	on
	the
	grounds
	that
	the 	appeal
	was
	not 	timely
	filed.
	For
the 	reasons 	expressed
	below,
	the
	Board
	denies
	Woods'
	request 	for
reconsideration.
DISCUSSION
PERB
	Regulation 	32410(a)
1
states, 	in 	pertinent 	part:
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
1PERB
	Regulations 	are 	codified 	at 	California
	Code
	of
Regulations, 	title
	8, 	section
	310001
	et 	seq.

of
	the 	decision.
	.
	The
	grounds
	forrequesting 	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.
Woods
	bases
	his
	request 	for 	reconsideration
	on
	the
	grounds
that 	his
	disability
	prevented
	him 	from
	filing
	his
	appeal
	in
	a
timely
	manner.
	In
	PERB
	Order
	No.
	Ad-228,
	the
	Board
	rejected
	Woods'
contention
	that
	his
	failure
	to 	timely
	file
	should
	be
	excused
	as
	a
result
	of
	his
	disability
	and
	poor
	health:
	The
	Board
	has
	held
	that
reconsideration
	is
	not
	appropriate
	when
	a
	party
	restates
	an
argument 	which
	was
	considered
	and
	rejected
	by
	the
	Board
	in
	its
underlying 	decision.
	(Los
	Angeles
	Community
	College
	District
(1992)
	PERB
	Decision
	No.
	908a;
	Tustin
	Unified
	School
	District
(1987)
	PERB
	Decision
	No.
	626a.) 	Accordingly,
	Woods
	has
	failed
	to
demonstrate
	extraordinary
	circumstances 	warranting
	reconsideration.
ORDER
There 	b~ing
	no
	proper
	grounds
	for 	reconsideration
	stated,
	the
request 	for 	reconsideration 	of
	PERB
	Order
	No.
	Ad-228
	is
	hereby
DENIED.
Chairperson
	Hesse 	and
	Member
	Camilli 	joined 	in 	this
	Decision.
-,
2

PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
HEADNOTE 	HEADNOTE
	HEADNOTE
CASE
	NAME: 
VINCENT
	DARRYL
	WOODS
	v.
LOS
	ANGELES 	UNIFIED
	SCHOOL
	DISTRICT
CASE 	NUMBER:	
LA-CE-2908
AUTHOR: 	CARLYLE
(FINAL
DATE:	(
(
(PERB 	#
(
(
IR	
#
1/7/92
(
(Ad#	
228
(
(JR#
(
(Other
(
_________
_
The
	Board
	denied 	charging
	party's
	appeal 	of
	its
	untimely
	filed
	exceptions.
SUBJECT
	HEADINGS
	FOR
	PERE
	INDEX:
1107.
	CASE 	PROCESSING 	PROCEDUFES; 	PROCEDURES 	BEFORE 	THE
	BOARD
1107.01 	Exceptions;
	Responses
	to
	Exceptions: 	Standing; 	Extensions
	of
Time/Late
	Filing/Waiver
(No
	good
	cause
	to
	excuse
	late 	filing
	when
	letter
	postmarked
	three
days
	after
	date
	set
	for
	filing.
	Nature
	of
	disability
	or 	health
concerns 	not
	documented;
	no 	good
	cause 	demonstrated 	as
	party
	had
been
	previously
	made
	aware
	of
	PERB's
	regulations
	concerning
	the·
filing
	of 	exceptions; 	p.
	3.)
FOR 	USE 	BY
	PERE 	STAFF 	ONLY