Carmichael Recreation and Park District (PERB 1953MA)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
AFSCME LOCAL 146,
Charging Party,
V.
CARMICHAEL RECREATION &
PARK
DISTRICT,
Respondent.
Case Nos. SA-CE-370-M
SA-CE-379-M
Request for Reconsideration
PERB Decision No. 1953-M
PERB Decision No. 1953a-M
June 27, 2008
Appearance: Penny Kelley, on her own
behalf
Before Neuwald, Chair; McKeag and Rystrom, Members.
DECISION
NEUW
ALD, Chair: This case is before the Public Employment Relations Board
(PERB or Board) on a request for reconsideration filed by Penny Kelley (Kelley)
of
the
Board's decision in Carmichael Recreation & Park District (2008) PERB Decision No. 1953-M
(Carmichael). 	In Carmichael, the Board dismissed AFSCME Local 146's (AFSCME) charges
of
interference and retaliation and found that the Carmichael Recreation & Park District did
not deny AFSCME information that was necessary and relevant to its representational duties.
The Board reviewed the record in this matter, including the request for reconsideration,
and finds that the request should be denied.
DISCUSSION
Kelley requests the Board to reconsider its decision. PERB Regulation 32410(a) 1
governs reconsideration
of
Board decisions and states:
1PERB regulations are codified at California Code of Regulations, title 8, section 31001
et seq.

(a) Any party to a decision
of
the Board itself may, because
of
extraordinary circumstances, file a request to reconsider the
decision within 20 days following the date
of
service
of
the
decision. 	.
..
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
....
	[Emphasis added.]
In John Swett Unified School District (1981) PERB Decision No. 188, the
Board
declined to review a submission labeled "exceptions" to the hearing officer's decision from the
attorney representative because the association, and not John O'Dwyer, was the charging party.
(See also Unit Determination for Skilled Crafts Employees
of
the University
of
California
(1983) PERB Decision No. 242a-H.) Kelley is not a party to this unfair practice charge.
Rather, she is the subject
of
one
of
the allegations in the charge. The charging party is
AFSCME. Pursuant to PERB Regulation 32410, Kelley may not file a request for
reconsideration because she is not "any party." As such, Kelley's request for reconsideration
is denied.
ORDER
In accordance with the foregoing discussion, the Public Employment Relations Board
hereby denies Penny Kelley's request for reconsideration in Carmichael Recreation & Park
District (2008) PERB Decision No. 1953-M.
Members McKeag and Rystrom joined in this Decision.
2