CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Single Topic for Decision A397H
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1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
After a formal unfair practice hearing resulting in a proposed decision dismissing the unfair practice charge, the proposed decision became final because neither of the parties filed a statement of exceptions; an individual employee on whose behalf the exclusive representative filed a charge of discrimination/retaliation lacked party status to file a statement of exceptions; to accord the employee the right to appellate review of the proposed decision would not only contravene the regulatory rules governing the filing of exceptions, but would also undercut the charging party’s right to control the administrative litigation of its own case.