CASE PROCESSING PROCEDURES; CHARGE – Dismissal of Charge; Appeal
Single Topic for Decision A437H
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1100.05000 – Dismissal of Charge; Appeal
The indefinite and continuing nature of charging party’s requests for extensions of time to appeal the dismissal of her unfair practice charges would fundamentally alter the nature of PERB’s unfair practice proceedings. PERB affords parties to an unfair practice charge a relatively user-friendly administrative process for adjudication of labor disputes. The expectation is that unfair practice charges are handled as expeditiously as possible at both the case processing and administrative appellate stages. Especially in a case where the Office of the General Counsel has dismissed an unfair practice charge after conducting an investigation and concluding that a prima facie case has not been established by the allegations of the charge, it is imperative that any appeal from dismissal be handled as promptly as possible. The Board denied charging party’s appeal from the Appeals Assistant’s administrative determination denying her a fifth extension of time.