CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Single Topic for Decision 2855E

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Revisions to PERB Regulations that took effect in January 2022 direct an excepting party to file a single, integrated document—which may be in the form of a brief—while also authorizing a later reply brief focused on responding to new issues that the responding party raised in its opposition. (PERB Regs. 32300, subds. (b) and (d), 32312, subd. (c).) The Union followed a practice permitted under the former version of PERB Regulations, concurrently filing one document entitled “Exceptions to Proposed Decision” and another entitled “Brief in Support of Exceptions to Proposed Decision.” The Board has discretion whether to accept or reject either or both documents. (Bellflower Unified School District (2022) PERB Decision No. 2544a, p. 14 [although the respondent’s exceptions failed to cite to legal authority as required by PERB Regulations, Board nonetheless “thoroughly analyzed the record and applicable law” to ensure that its order was correct]; Adelanto Elementary School District (2019) PERB Decision No. 2630, p. 8 [Board exercised its “discretion to address [charging party’s] exceptions despite their technical non-compliance with Regulation 32300”].) Where either of the Union’s two filings alone was sufficiently clear to allow the Board to research and resolve the matter, the Board exercised its discretion by considering only the document filed in the form of a brief. (pp. 8-9.)