MISCELLANEOUS ISSUES; REGULATIONS – Regulations Considered (By Number) (Continued)

Single Topic for Decision A482M

View all topics for Decision A482M

Full Decision Text (click on the link to view): Full Text

1503.03000 – Regulations Considered (By Number) (Continued)

PERB Regulation 32200 allows the appeal of an interlocutory order to the Board only when the Board agent joins in the request. (p. 3, fn. 4.) Because pre-arbitration deferral has a substantial impact on the charging party’s subsequent ability to pursue the allegations in the charge, and to bring uniformity to PERB’s practice under the various statutes it administers, a Board agent’s decision to defer a charge to arbitration and place it in abeyance pending completion of arbitration proceedings is not an interlocutory order, and therefore PERB Regulation 32200 does not apply in such circumstances. Rather, such a decision is an administrative decision that may be appealed directly to the Board under PERB Regulation 32360. (pp. 8-11.)

The Board accepted an administrative appeal, even though it failed to specifically identify any factual, procedural, or legal errors in the appealed administrative decision as required by PERB Regulation 32360(c), where the appellant’s claim that it had already filed a valid administrative appeal gave the Board adequate notice of the primary issue on appeal. (p. 6, fn. 8.)

PERB Regulation 32380, by its plain language, contemplates that an administrative decision may constitute an interlocutory order. Thus, administrative decisions and interlocutory orders are not mutually exclusive. (pp. 6-7.)