CASE PROCESSING PROCEDURES; CHARGE – Dismissal of Charge; Appeal

Single Topic for Decision A438E

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PERB Regulation 32130 governs the computation of time for filings. Subdivision (a) states that the period of time begins to run the day after the act or occurrence referenced. Subdivision (b) states that when the last day to file a document falls on a Saturday, Sunday or holiday, the time period is extended to the next regular PERB business day. Subsection (c) provides an additional five days to any filing made in response to documents served by mail. Because the initial due date included in the letter from the Appeals Assistant fell on a Saturday, because the letter was served on Charging Party by mail, and because the due date factoring in the 5-day extension also fell on a Saturday, Charging Party’s appeal was timely.