Victor Valley Community College District (PERB A388EA)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
VICTOR VALLEY COMMUNITY COLLEGE
DISTRICT,
Employer,
and
POLICE OFFICERS ASSOCIATION, VICTOR
VALLEY COMMUNITY COLLEGE DISTRICT -
POLICE DEPARTMENT,
Petitioner,
and
CALIFORNIA SCHOOL EMPLOYEES
ASSOCIATION AND ITS CHAPTER 584,
Exclusive Representative.
Case No. LA-SV-164-E
Request for Reconsideration
PERB Order No. Ad-388
PERB Order No. Ad-388a
February 17, 2011
Appearance: 	Craig Baumbusch, President, for Police Officers Association, Victor Valley
Community College District 	Police Department.
Before Dowdin Calvillo, Chair; McKeag and Wesley, Members.
DECISION
WESLEY, Member: This case is before the Public Employment Relations Board
(PERB or Board) on a request for reconsideration by the Police Officers Association, Victor
Valley Community College District 	Police Department (Association) of the Board's decision
in Victor Valley Community College District (2010) PERB Order No. Ad-388. In that
decision, the Board affirmed the Board agent's dismissal of the Association's petition to sever
most, but not all, of the campus police officers and campus reserve police officers from the
existing bargaining unit represented by the California School Employees Association and its
Chapter 584 (CSEA).

The Board has reviewed the entire record in light
of
the Association's request and the
relevant law. Based on this review, the Board denies the Association's request for
reconsideration.
DISCUSSION
Requests for reconsideration are governed by PERB Regulation 32410, 1 which states in
pertinent part:
The grounds for requesting reconsideration 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.
As reconsideration is granted only under "extraordinary circumstances," the Board
strictly applies the above criteria. (Regents
of
the University
of
California (2000) PERB
Decision No. 1354a-H.)
The Association contends the Board's decision is based on prejudicial error
of
fact. 	In
its severance petition, the Association sought to represent a unit
of
campus police officers and
campus reserve police officers. However, the Association expressly excluded two individuals
in those classifications from its petition because the Association believed those individuals did
not hold the proper certifications to meet the requirements for peace officer status under the
Penal Code.
In finding that the proposed unit was not an appropriate unit, the Board determined that
by excluding the two officers those two classifications remained in the existing unit
represented by CSEA. This resulted in having the same classifications in both the proposed
and existing 	Therefore, the Board held that employees in the proposed unit had a
PERB regulations are codified at California Code of Regulations, title 8, section
31001 et seq.
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community of interest with employees in the existing unit, and that the proposed unit would
adversely affect the efficiency of operations of the employer, the Victor Valley Community
College District (District), by having to bargain with two different units over the same
classifications. In its decision, the Board found that it lacked jurisdiction to require the District
to comply with the Association's interpretation of the Penal Code regarding the two officers at
issue.
The Association contends the Board erred by failing to determine that the two excluded
officers were not peace officers under the Penal Code and, therefore, find they were properly
excluded from the proposed unit. In essence, the Association's request for reconsideration
reiterates the arguments it made on appeal. However, restating arguments made on appeal
does not satisfy PERB Regulation 32410. (San Leandro Unified School District (2007) PERB
Decision No. 1924a.)
Accordingly, the Association's request for reconsideration is denied because it fails to
establish the criteria for reconsideration set forth in PERB Regulation 32410.
ORDER
The Association's request for reconsideration of the Public Employment Relations
Board's decision in Victor Valley Community College District (2010) PERB Order No. Ad-388
is hereby DENIED.
Chair Dowdin Calvillo and Member McKeag joined in this Decision.
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