CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Single Topic for Decision A324E
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1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
While requiring proof of service to show service concurrent with filing, PERB Regulation 32140 does not contain a penalty for failure to comply. Therefore, it is within the Board’s discretion to overlook a technical violation of its regulation. The Board excuses defective service because the opposing parties received actual notice of the filing and made no showing of prejudice to their position by the defective service.