CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Parties; Service

Single Topic for Decision 1977M

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Board will excuse party’s failure to comply with PERB Regulation 32140 when the opposing party has received actual notice of the filing and defective service did not prejudice the opposing party. Charging party entitled to presumption of service because he provided PERB with a valid proof of service. Respondent failed to rebut the presumption of service and therefore charged with actual notice of charging party’s filings. Respondent not prejudiced by charging party’s failure to concurrently serve it with filings because Board allowed respondent full 20 days to file a response and response was filed.