CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Interlocutory Appeal

Single Topic for Decision A518E

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In compliance proceedings, the parties agreed that the Board agent should first resolve make-whole relief for faculty, before turning to litigation sanctions. Because the Board agent had not yet addressed the litigation sanctions the District owes, the administrative determination (AD) was an interlocutory order rather than a final one. (See Morgan Hill Unified School District (2016) PERB Order No. Ad-443, pp. 4-5.) Although the District did not seek permission to file an interlocutory appeal as required in PERB Regulation 32200, the Board resolved the appeal nonetheless because the AD wrongly stated that the parties could file an appeal under PERB Regulation 32360. (p. 3, fn. 3.)