CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Single Topic for Decision 2370H
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1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
A party who wishes to challenge a Board agent’s proposed decision may file exceptions pursuant to PERB Regulation 32300. While the form that the exceptions take may vary—a party may file a statement of exceptions, a brief or both—the content of those exceptions is clearly delineated. Thus, we do not agree with respondent that charging party was required to file a supporting brief along with her statement of exceptions, since the regulation, by its very terms, allows the filing of either a statement or a brief or both. Charging party’s exceptions do not comply with PERB Regulation 32300, since they invariably fail adequately to identify the page or part of the decision to which the exception was taken.