Chula Vista Elementary School District (PERB 1557EA)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
MAURA HOGAN LARKINS,
Charging Party,
V .
CHULA VISTA ELEMENTARY SCHOOL
DISTRICT,
Respondent.
Case No. LA-CE-4382-E
Request for Reconsideration
PERB Decision No. 1557
PERB Decision No. 1557a
April 29, 2004
Appearances: Maura Hogan Larkins, on her own behalf; Parham & Rajcic by Mark R. Bresee,
Attorney, for Chula Vista Elementary School District.
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 School District (2003) PERB Decision No. 1557.
That decision involved an unfair practice charge filed by Larkins alleging that the Chula Vista
Elementary School District (District) violated the Educational Employment Relations Act
(EERA)' by retaliating against her for engaging in protected activities. The Board ultimately
dismissed Larkin's charge for failure to state a prima facie case. Larkins now urges the Board
to reconsider its decision.
EERA 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 District's response, the Board hereby denies the request for
reconsideration.
DISCUSSION
PERB Regulation 32410 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 of reasonable 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.
Thus, a request for reconsideration is not simply an opportunity to ask the Board to "try again."
To the contrary, reconsideration may only be granted on limited grounds. (PERB Reg. 32410.)
Unless a proper ground for reconsideration is demonstrated, the Board will not entertain
requests to review its decision.
Here, Larkins argues in her request for reconsideration that there is amble evidence in
the record establishing a prima facie case of retaliation by the District. Larkins then proceeds
to highlight events and facts to support her contentions. In essence, Larkins' request for
reconsideration simply re-argues her case. As Larkins has not met any of the grounds set forth
in PERB Regulation 32410, her request for reconsideration is denied.
PERB regulations are codified at California Code of Regulations, title 8,
section 31001, et seq.
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ORDER
The request for reconsideration of the Board's decision in Chula Vista Elementary
School District (2003) PERB Decision No. 1557 is hereby DENIED.
Chairman Duncan and Member Whitehead joined in this Decision.
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