Service Employees International Union, Local 221 (Meredith) (PERB 1982EA)

STATE OF CALIFORNIA	STATE OF CALIFORNIA
DECISION OF THE	DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD	PUBLIC EMPLOYMENT RELATIONS BOARD
KENNETH MEREDITH,
Charging Party,	Party,
V.
SERVICE EMPLOYEES INTERNATIONAL
UNION, LOCAL 221,
Respondent.
Case No. LA-CO-1322-E
Request for Reconsideration
PERB Decision No. 1982
PERB Decision No. 1982a
January 27, 2009
Appearances:
DECISION
Paul Gomez, for Kenneth Meredith; Tosdal, Smith, Steiner & Wax by Fern M.
Steiner, Attorney, for Service Employees International Union, Local 221.
Before Neuwald, Chair; Wesley and Dowdin Calvillo, Members.
Board (PERB or Board) on a request for reconsideration by Service Employees International
DECISION
DOWDIN CALVILLO, Member: 	This case is before the Public Employment Relations
Board (PERB or Board) on a request for reconsideration by Service Employees International
Union, Local 221 (SEIU), of the Board's decision in Service Employees International Union,
Local 221 (Meredith) (2008) PERB Decision No. 1982 (SEIU 221 (Meredith)). In SEIU 221
(Meredith). the Board reversed a Board agent's dismissal of Kenneth Meredith's (Meredith)
duty of fair representation allegation against SEIU and remanded the matter to the Office of the
General Counsel for issuance of a complaint. The Board affirmed the dismissal of the
remaining allegations in the charge.
The Board has reviewed the entire record in this case, including but not limited to,	The Board has reviewed the entire record in this case, including but not limited to,
SEIU' s request for reconsideration and Meredith's response thereto. 	Based on this review, the
Board denies SEID' s request for reconsideration for the reasons discussed below.
remaining allegations in the charge.
Local 221 (Meredith) (2008) PERB Decision No. 1982 (SEIU 221 (Meredith)). In SEIU 221
Union, Local 221 (SEIU), of the Board's decision in Service Employees International Union.
General Counsel for issuance of a complaint. The Board affirmed the dismissal of the
Appearances:
y, for Service Employees International Union, Local 221.
SEIU's request for reconsideration and Meredith's response thereto. Based on this review, the
duty of fair representation allegation against SEIU and remanded the matter to the Office of the
(Meredith), the Board reversed a Board agent's dismissal of Kenneth Meredith's (Meredith)

DISCUSSION
Board denies SEIU's request for reconsideration for the reasons discussed below.
DISCUSSION
Under PERB Regulation 3241 0(a), 1 the	Under PERB Regulation 32410(a),' the grounds for requesting reconsideration of a final	grounds for requesting reconsideration
of
a final
Board decision are limited to claims that: "(1) the decision of the Board itself contains	Board decision are limited to claims that: "(1) the decision
of
the Board itself contains
prejudicial errors
of
fact, or (2) the party has newly discovered evidence which was not
previously available and could not have been discovered with the exercise
of
reasonable
diligence." Because reconsideration may only be granted under "extraordinary circumstances,"
the Board applies the regulation's criteria strictly in reviewing requests for reconsideration.
(Regents
of
the University
of
California (2000) PERB Decision No. 1354a-H.)
SEIU claims that the Board's decision in SEIU 221 (Meredith) contains prejudicial
errors
of
fact.2 	Specifically, SEIU asserts the Board "erroneously and prejudicially" found
that: 	(1) Meredith made a request to SEIU for representation on August
1,
2007, (2) the
collective bargaining agreement between SEIU and Meredith's employer established a right to
grieve a rejection on probation, and (3) Meredith had a meritorious grievance over his rejection
on probation. SEIU appears to assume that the Board made factual findings and determined
that an unfair practice had been committed, but this is not so. 	SEIU 221 (Meredith) involved
an appeal from a dismissal. In its decision, the Board merely determined that Meredith's
charge alleged sufficient facts to state a prima facie case
of
a breach
of
the duty
of
fair
representation by SEIU and remanded the matter to the Office
of
the General Counsel for
1PERB regulations are codified at California Code of Regulations, title 8, section 31001
et seq.
2SEIU also asserts that the Board's decision contains prejudicial errors of law.
However, purported errors 	are not	However, purported errors of law are not grounds for reconsideration. (Apple Valley Unified	grounds for reconsideration. (Apple Valley Unified
School District (1990) PERB Order No. Ad-209a; State of California (Department of Forestry
and Fire Protection) (1989) PERB Decision No. 734a-S.)
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issuance
of
a complaint.3 Thus, any findings made by the Board in its decision are not
prejudicial to SEIU because it will have the opportunity to present and rebut evidence
at
the
hearing on the complaint.
Additionally, SEIU did not file a response to Meredith's appeal
of
the dismissal.
Instead, it waited until after Meredith had prevailed on his appeal and then sought
reconsideration
of
the Board's decision. "[A] request for reconsideration
is
not simply an
opportunity to ask the Board to 'try again."' (Chula Vista Elementary School District (2004)
PERB Decision No. 1557a.) Nor does a request for reconsideration allow a party "to reargue or
relitigate issues which have already been decided." (Redwoods Community College District
(1994) PERB Decision No. 1047a.) In other words, reconsideration does not provide a "do over"
for parties or the Board. Therefore, a party cannot use a request for reconsideration to make its
first opposition to an appeal, as SEIU has done here.
For the above reasons, SEIU has failed to meet the requirements for reconsideration set
forth in PERB Regulation 32410(a). Accordingly, SEIU' s request for reconsideration is
denied.	denied.
ORDER
SEIU's request for reconsideration
of
the Board's decision in Service Employees
International Union, Local 221 (Meredith) (2008) PERB Decision No. 1982 is hereby
DENIED.
Chair Neuwald and Member Wesley joined in this Decision.
'IIndeed, the arguments in SEIU' s request confirm the existence of factual disputes that
may only be resolved through PERB's hearing process. (See Golden Plains Unified School
District (2002) PERB Decision No. 1489 ["Disputed facts or conflicting theories 	should
be resolved in other proceedings after a complaint has been issued."].)	be resolved in other proceedings after a complaint has been issued."].)
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