Oakland Education Association (Ferguson) (PERB 1646EA)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
JAMES ERIC FERGUSON,
Charging Party,
V.
OAKLAND EDUCATION ASSOCIATION,
Respondent.
Case No. SF-CO-638-E
Request for Reconsideration
PERB Decision No. 1646
PERB Decision No. 1646a
August 	6, 	2004
Appearances: William H. Hanson, Attorney, for James Eric Ferguson; California Teachers
Association by Priscilla Winslow, Attorney, for Oakland Education Association.
Before Duncan, Chairman; Whitehead and N eima, Members.
DECISION
DlJNCAN, Chairman: This case is before the Public Employment Relations Board
(PERB or Board) on a request for reconsideration by James Eric Ferguson (Ferguson) of the
Board's decision in Oakland Education Association (Ferguson) (2004) PERB Decision
No. 1646 (Ferguson). In Ferguson, the Board dismissed the unfair practice charge alleging the
Oakland Education Association acted arbitrarily, discriminatorily and in bad faith.
Ferguson seeks reconsideration because he believes the decision ignores material facts
and is based on prejudicial errors of fact.
For the reasons set forth below, the request for reconsideration is denied.

DISCUSSION
Requests for reconsideration are governed by PERB Regulation 3 2410. 1 PERB
Regulation 32410 provides, in pertinent part:
(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: (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.
Simply arguing the same facts that were presented to the Board on appeal does not fill
the requirements of the regulation. Ferguson has presented no new evidence and has only put
forth the arguments he raised on appeal. 	Ferguson has not met either of the grounds for
reconsideration and therefore the request is denied.
ORDER
James Eric Ferguson's request for reconsideration of the Board's decision in Oakland
Education Association (Ferguson) (2004) PERB Decision No. 1646 is hereby DENIED.
Members Whitehead and Neima joined in this Decision.
1PERB regulations are codified at California Code of Regulations, title 8,
section 31001, et seq.
2