CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Single Topic for Decision 2432E
Full Decision Text (click on the link to view): Full Text
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
On review of exceptions to a proposed decision, the Board need not address arguments that have already been adequately addressed in the same case or that would not affect the result. Board declined to review employee exceptions regarding elements of her prima facie case that were not at issue. While PERB follows California judicial policy strongly favoring hearing disputes on their merits rather than dismissing them for procedural deficiencies, charging party’s failure to comply with PERB Regulation 32300 when excepting to a proposed decision may result in dismissal of the matter without consideration of its merits. Charging party’s exceptions failed to identify errors of fact, procedure or law requiring reversal of proposed decision. The Board declined to consider charging party’s authorities interpreting California and federal non-discrimination laws where the cases did not address elements of the prima facie case or affirmative defenses relied on by the ALJ in dismissing the complaint and underlying charge.