Trustees of the California State University (San Bernardino) (PERB 1609HA)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
MAURICE WEBB,
Charging Party,
V.
TRUSTEES OF THE CALIFORNIA STATE
UNIVERSITY (SAN BERNARDINO),
Res ondent.
Case No. LA-CE-780-H
Request for Reconsideration
PERB Decision No. 1609-H
PERB Decision No. 1609a-H
June 	30, 	2004
Appearance: Maurice Webb, on his own behalf
Before Duncan, Chairman; Whitehead and Neima, Members.
DECISION
DUNCAN, Chairman: This case is before the Public Employment Relations Board
(PERB or Board) on a request for reconsideration by Maurice Webb (Webb) of the Board's
decision in Trustees of the California State University (San Bernardino) (2004) PERB Decision
No. 1609-H (CSU, San Bernardino). The unfair practice charge had alleged that Webb was
retaliated against by the administration at the California State University (San Bernardino)
(CSU) for filing a grievance and that he was denied a fair grievance hearing. In CSU, San
Bernardino, the Board found that Webb did not state a prima facie case of an unfair practice
charge and dismissed the charge.
After review of Webb's request for reconsideration, the Board denies the request as set
forth below.

BACKGROUND
In requesting reconsideration, Webb states his reason for making the request is based
on his belief that his case was dismissed prematurely without sufficient investigation of the
evidence.
He then refers to evidence that was already reviewed as part of his original case. He
makes reference to the affirmative defense of the general counsel for CSU setting forth Webb's
failure to demonstrate a nexus between protected activity and any adverse action. He then
refers to specific pages of exhibits he submitted on appeal related to the enrollment policies
and his allegations that there was a forgery in his personnel records. He then requests a
remedy that includes punitive damages.
DISCUSSION
The grounds for reconsideration are set forth in PERB Regulation 324101 as:
(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. 	An original and five copies of the request for
reconsideration shall be filed with the Board itself in the
headquarters office and shall state with specificity the grounds
claimed and, where applicable, shall specify the page of the
record relied on. 	Service and proof of service of the request
pursuant to Section 32140 are required. 	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: 	(I) 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
1PERB regulations are codified at California Code of Regulations, title 8,
section 31001, et seq.
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reconsidered; and (5) impacts or alters the decision
of
the
previously decided case.
Webb seeks reconsideration based on a claim that his previously submitted evidence
was "dismissed without sufficient investigation." No additional evidence and no declaration
were submitted. Webb simply reargues matters previously presented and rejected by the Board
in CSU, San Bernardino.
In reviewing requests for reconsideration, the Board has strictly applied the grounds
included in the regulation. 	This is to avoid the use
of
the reconsideration process to reargue or
relitigate issues that have been decided. 	(Redwoods Community College District (1994) PERB
Decision No. 1047a.)
In numerous request for reconsideration cases, the Board has simply declined to
reconsider matters previously rejected in the underlying decision. 	(California State Employees
Association, Local 1000 (Janowicz) (1994) PERB Decision No. 1043 a-S.)
Webb's request for reconsideration does not rest on the limited statutory grounds
required. We therefore, decline his request for reconsideration.
ORDER
Maurice Webb's request for reconsideration
of
the Board's decision in Trustees
of
the
California State University (San Bernardino) (2004) PERB Decision No. 1609-H is hereby
DENIED.
Members Whitehead and Neima joined in this Decision.
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