Coachella Valley Unified School District (Kok) (PERB A292EA)

STATE
	OF
	CALIFORNIA
DECT~Tm:r nli' 	TRE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
PHILIP
	A.
	KOK,
Charging
	Party,
v.
COACHELLA VALLEY
	UNIFIED
	SCHOOL
DISTRICT,
Respondent.
Case
	No.
	LA-CE-3822
Request
	for
	Reconsideration
PERB"Order
	No.
	Ad-292
PERB
	Order
	No.
	Ad-292a
March
	11,
	1999
Appearances:	
Philip
	A. 	Kok,
	on
	his
	own
	behalf;
	Atkinson,Andelson,
	Loya,
	Ruud	
& Romo
	by
	Sherry
	G.
	Gordon,
	Attorney,
	for
Coachella Valley 	Unified
	School
	District.
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
Philip
	A. 	Kok 	(Kok}
	that
	the
	Board
	reconsider
	its
	decision
	in
Coachella Valley 	Unified
	School
	District
	(1998)
	PERE
	Order
No.
	Ad-292
	(Coachella
	VUSD).
	In
	Coachella
	VUSD,
	the
	Board
	denied
Kok's
	request 	that
	the
	Board
	accept 	the
	late 	filed
	amendment
	to
his
	appeal 	of
	a
	Board
	agent's 	dismissal 	of
	his 	unfair 	practice
charge
	in
	Case
	No. 	LA-CE-3822. 	The
	Board 	concluded
	that
	Kok
	had
not 	demonstrated
	good
	cause
	to
	excuse
	his
	late 	filing
	of 	the
amendment
	to 	his
	appeal.
DISCUSSION
PERB
	Regulation
	32410
1
permits 	any
	party 	to
	a
	decision 	of
PERB
	regulations 	are 	codified at 	California
	Code
	of
Regulations,
	title
	8,
	section
	31001
	et 	seq.
	A
revision 	to
	PERE
Regulation 	32410 	became
	effective 	in 	February 	1999 	subsequent 	to
1

the
	Board
	itself
	to
	request 	the
	Board
	to 	reconsider
	that
decision.
	It
	states,
	in pertinent 	part:
The
	grounds
	for 	requesting 	reconsiderationare
	limited 	to
	claims
	that
	the
	decision
	of
the
	Board
	itself
	contains
	prejudicial 	errors
of
	fact,
	or
	newly
	discovered
	evidence
	or
	lawwhich
	was
	not
	previously
	available
	and
	could
not
	have 	been
	discovered 	with
	the 	exercise
	of
reasonable
	diligence
..
The
	Board
	has
	strictly
	applied 	these
	limited
	grounds
	in
considering 	reconsideration 	requests
	specifically
	to
	avoid
	the
use
	of 	the
	reconsideration
	process
	to
	reargue
	or
	relitigate
issues
	which 	have
	already
	been
	decided.
	(Redwoods 	Community
College
	District
	(1994)
	PERB
	Decision
	No.
	1047a;
	State
	of
California
	(Department
	of 	Corrections)
	(1995)
	PERB
	Decision
No.
	11ooa-S.)
	Similarly, 	reconsideration
	will
	not
	be
	granted
based
	on
	a
	claim 	of
	an
	alleged
	prejudicial 	error
	of
	law.
(Jamestown
	Elementary School
	District
	(1989)
	PERB
	Order
No.
	Ad-187a.)
	In
	numerous
	request 	for 	reconsideration 	cases, 	the
Board
	has 	declined 	to 	reconsider 	matters 	previously 	offered
	by
the
	parties
	and
	rejected 	in 	the 	underlying 	decision. 	(California
State 	University
	(1995)
	PERB
	Decision
	No.
	1093a-H;
	California
State
	Employees
	Association,
	Local
	1000
	(Janowicz)
	(1994)
	PERE
Decision
	No.
	1043a-S;
	California 	Faculty Association
	(Wang)
(1988)
	PERB
	Decision
	No.
	692a-H;
	Tustin 	Unified
	School
	District
(1987)
	PERB
	Decision
	No.
	626a;
	Riverside 	Unified 	School
	District
(1987)
	PERB
	Decision
	No.
	622a.)
the 	filing
	of
	this 	request 	for 	reconsideration.
	The
	revision 	hasno
	bearing
	on
	the 	Board's 	consideration 	of 	this 	request.
2

On
	January
	5, 	1999,
	Kok
	filed
	the
	instant
	request 	seeking
reconsideration
	of
	the
	Board's
	decision
	in
	Coachella
	VUSD. 	Kok
makes 	no
	assertions 	that
	the 	Board's
	decision 	contains
prejudicial
	errors
	of
	fact,
	or
	that
	he
	has
	found 	newly
	discovered
evidence
	or
	law. 	(Regents
	of
	the 	University
	of
	California
	(1998)
PERB
	Decision
	No.
	1271-H
	at
	p. 	3.)
	All 	of
	the
	relevant
information 	included
	in
	this
	request 	for 	reconsideration
	was
included
	in
	Kok's
	request
	that
	the
	Board
	accept 	the
	late 	filed
amendment
	to 	his
	appeal,
	and
	has
	already
	been
	considered
	by
	the
Board.
	Therefore,
	Kok's
	request
	fails
	to
	demonstrate
	any
grounds
	for 	reconsideration
	sufficient
	to
	comply
	with
	PERB
Regulation
	32410.
ORDER
The
	request 	for 	reconsideration 	in
	Coachella Valley 	Unified
School
	District
	(1998)
	PERB
	Order
	No.
	Ad-292
	is
	hereby
	DENIED.
Members
	Dyer 	and
	Amador
	joined
	in
	this
	Decision.
3