Regents of the University of California (PERB A337HA)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
GEORGE SARKA,
Charging Party,
v.
REGENTS OF THE UNIVERSITY OF
CALIFORNIA,
Respondent.
Case No. LA-CE-811-H
Request for Reconsideration
PERB Order No. Ad-337-H
PERB Order No. Ad-337a-H
August 19, 2004
Appearance: 	George Sarka, on his own behalf.
Before Duncan, Chairman; Whitehead and Neima, Members.
DECISION
WHITEHEAD, Member: This case is before the Public Employment Relations Board
(PERB or Board) on a request for reconsideration by George Sarka (Sarka) of the Board's
decision in Regents of the University of California (2004) PERB Order No. Ad-337-H
(Regents). In Regents, the Board denied Sarka's request for special permission under PERB
Regulation 32155 1 to appeal a Board agent's refusal to disqualify herself from investigation of
his unfair practice charge.
Sarka seeks reconsideration because: (1) the Board failed to explain the basis for its
denial, and (2) the Board failed to address his reasons for requesting the removal of the Board
agent from his case. The second item includes a request that the Board provide complete
disclosure of the Board agent's association with the "UCLA/UC Corporation" and that of
1PERB regulations are codified at California Code of Regulations, title 8, section
31001, et seq.

anyone else involved in the adjudication of the case if the Board denies his request for special
permission to appeal. Sarka's stated purpose for the request for disclosure was to ensure that
there are no conflicts of interest.
DISCUSSION
Requests for reconsideration are governed by PERB Regulation 32410. 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. 	[Emphasis added.]
In the request, Sarka did not state either of the grounds for reconsideration and so the
request is denied.
In addition, under PERB Regulation 32155, Sarka may "file an appeal, after hearing or
investigation and issuance of the decision, setting forth the grounds of the alleged
disqualification along with any other exceptions to the decision on its merits."
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ORDER
George Sarka's request for reconsideration of the Board's decision in Regents of the
University of California (2004) PERB Order No. Ad-337-H is hereby DENIED.
Chairman Duncan and Member Neima joined in this Decision.
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