PERB: Only 1 Shot at Recon

County of Santa Clara (2013) PERB Decision No. A398-M (Issued on 3/08/13)

PERB Regulation 32410 allows a party to request that the Board reconsider a decision.  The grounds for a request for reconsideration are generally limited to new evidence that could not have been produced earlier.   Not surprisingly, however, the losing party to a decision often uses a request for reconsideration to take a “second bite of the apple.”

So how many times can a party file a request for reconsideration?  Most experienced practitioners know that you can’t file the same motion over and over again just because you don’t like the result.  However, the Board often gets individuals representing themselves who will do that.  In this case, the Board affirmed the rule that, “the same party cannot repeatedly file requests for reconsideration.”  (See Bassett Unified School District (1979) PERB Order No. Ad-67.)  The Board clarified that the only exception is “in those cases where a prior request for reconsideration has resulted in the issuance of a completely revised decision.”  According to the Board, “This rule preserves the right of parties to obtain reconsideration of a Board decision while avoiding an undue waste of the resources of both the Board and the parties.”

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