Jurupa Unified School District (PERB 2450EA)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
JEFFEREY L. NORMAN,
Charging Party,
v.
JURUP A UNIFIED SCHOOL DISTRICT,
Respondent.
Case Nos. LA-CE-5593-E
LA-CE-5744-E
Request for Reconsideration
PERB Decision No. 2450
PERB Decision No. 2450a
December 22, 2015
Appearances: Jefferey L. Norman, on his own behalf; Fagen, Friedman & Fulfrost by
Kerrie
E.
McNally, Attorney, for Jurupa Unified School District.
Before Huguenin, Winslow and Banks, Members.
DECISION
WINSLOW, Member: This case comes before the Public Employment Relations Board
(PERB or Board) on request for reconsideration by Jefferey
L.
Norman (Norman)
of
the
Board's decision in Jurupa Unified School District (2015) PERB Decision No. 2450. In that
decision, the Board affirmed an administrative law
judge's
dismissal
of
charges alleging that
the Jurupa Unified School District (District) violated section 3543.5(a)
of
the Educational
Employment Relations Act (EERA) by discriminating and retaliating against Norman because
of
his protected activity when it denied him personal necessity leave (Case No. LA-CE-5593-
E) and terminated his employment (Case No. LA-CE-5744-E).
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1 BERA is codified at Government Code section 3540 et seq.

The Board has reviewed Norman's request for reconsideration and supporting
documentation and the District's response thereto. Based on this review, the Board denies
Norman's request for reconsideration for the reasons discussed below.
DISCUSSION
Requests for reconsideration
of
a final Board decision are governed by PERB
Regulation 32410(a) which states:
(a) Any party to 	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.
a
Because reconsideration may only be granted under the "extraordinary circumstances"
specified above, the Board applies the regulation's criteria strictly in reviewing requests for
reconsideration. (Regents
of
the University
of
California (2000) PERB Decision No. 1354a-H;
King City Joint Union High School District (2007) PERB Decision No. 1777a, pp. 3-4.)
Reiterating the same facts and arguments made on appeal does not satisfy the requirements of
PERB Regulation 32410(a). (San Leandro Unified School District (2007) PERB Decision
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No. 1924a; Oakland Unified School District (2004) PERB Decision No. 1645a.) Purported
errors
of
law are not grounds for reconsideration. (California State Employees Association
(Hard, et al.) (2002) PERB Decision No. 1479a-S, p. 6; Apple Valley Unified School District
(1990) PERB Order No. Ad-209a.)
In his request for reconsideration, Norman simply reiterates the same facts and
arguments made on appeal
of
the original proposed decision, 	and he fails to show that the
Board made a prejudicial error
of
fact in its decision. Norman also suggests the Board has
made various errors
of
law, which may not serve as grounds for reconsideration. We therefore
deny Norman's request for reconsideration.
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ORDER
Jefferey
L.
Norman's request for reconsideration
of
the Public Employment Relations
Board's decision inJurupa Unified School District (2015) PERB Decision No. 2450 is hereby
DENIED.
Members Huguenin and Banks joined in this Decision.
Specifically, Norman reiterates his allegations, among others, that the District and
Assistant Superintendent of Human Resources Tamara Elzig harbored bias towards him based
on his protected activity, treated him disparately because of such bias, wrongfully withheld
documentary evidence from him during its investigation of him, refused to provide such
information to him after he requested it, gave inconsistent or contradictory justifications for its
adverse actions against him, and conducted a cursory investigation of his misconduct.
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