Chula Vista Elementary Educators Association (Larkins) (PERB 1575EA)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
MAURA HOGAN LARKINS,
Charging Party,
V.
CHULA VISTA ELEMENTARY EDUCATORS
ASSOCIATION,
Respondent.
Case No. LA-CO-1091-E
Request for Reconsideration
PERB Decision No. 1575
PERB Decision No. 	15 7 Sa
April 	29, 	2004
Appearances: Maura Hogan Larkins, on her own behalf; California Teachers Association by
Michael D. Hersh, Attorney, for Chula Vista Elementary Educators Association.
Before Duncan, Chairman; Whitehead and Neima, Members.
DECISION
NEIMA, Member: This case is before the Public Employment Relations Board (PERB
or Board) on a request for reconsideration filed by Maura Hogan Larkins (Larkins) of the
Board's decision in Chula Vista Elementary Educators Association (Larkins) (2003) PERB
Decision No. 1575. That decision involved an unfair practice charge filed by Larkins alleging
that the Chula Vista Elementary Educators Association (Association) violated its duty of fair
representation under the Educational Employment Relations Act (EERA)1. The Board
ultimately dismissed Larkin's charge for failure to state a prima facie case. Larkins now urges
the Board to reconsider its decision.
1EERA is codified at Government Code section 3540, et seq.

After reviewing the entire record in this case, including Larkin's request for
reconsideration and the Association's response, the Board hereby denies the request for
reconsideration.
DISCUSSION
PERB Regulation 324102 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. A request
for reconsideration based upon the discovery of new evidence
must be supported by a declaration under the penalty of perjury
which establishes that the evidence: (1) was not previously
available; (2) could not have been discovered prior to the hearing
with the exercise ofreasonable diligence; (3) was submitted
within a reasonable time of its discovery; ( 4) is relevant to the
issues sought to be reconsidered; and (5) impacts or alters the
decision of the previously decided case.
In her request for reconsideration, Larkins' submits new evidence which she claims was not in
existence at the time her appeal was filed and/or could not have been discovered due to the
actions of the Association. Larkins has attached to her request portions of the reporter's
transcript of her hearing before the Commission of Professional Competence and various
documents from her civil actions.
The Board has thoroughly reviewed the above-referenced documents. Larkins is
correct that these documents were not in existence at the time she filed her appeal on June 28,
2002. However, Larkins has not established that these documents were submitted within a
reasonable period of time from their discovery as required by PERB Regulation 32410. 	Most
importantly, Larkins has not established how these documents are relevant to the issues raised
2PERB regulations are codified at California Code of Regulations, title 8,
section 31001, et seq.
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in her charge or how they would impact or alter the previous decision
of
the Board. Nothing
Larkins has submitted or argued in her request meets the requirements set forth in PERB
Regulation 32410. Accordingly, Larkins' request for reconsideration is denied.
ORDER
The request for reconsideration
of
the Board's decision in Chula Vista Elementary
Educators Association (Larkins) (2003) PERB Decision No. 1575 is hereby DENIED.
Chairman Duncan and Member Whitehead joined in this Decision.
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