All notes for Subtopic 1103.06000 – Service

DecisionDescriptionPERC Vol.PERC IndexDate
A451E Berkeley Unified School District
1103.6000: CASE PROCESSING PROCEDURES; COMPLAINT; Service
(The Board may excuse defective service if the opposing parties have received actual notice of the filing and there is no showing of prejudice.) (The representative identified on a notice of appearance form is regarded as the party’s designated representative for purposes of service.) more or view all topics or full text.
423108/16/17
2475E United Teachers of Los Angeles (Raines, et al)
1103.6000: CASE PROCESSING PROCEDURES; COMPLAINT; Service
The purpose of PERB’s service requirement is to protect against stale claims and to provide all parties notice of the issues, so that they can preserve evidence and prepare their claims or defenses. Its purpose is not to dismiss parties or entire actions on legal technicalities. Where respondent had notice of parties and knew the substance of their allegations before it put on its case-in-chief, it would not be prejudiced by excusing defective service of the unfair practice charge. more or view all topics or full text.
4014702/29/16
1806S State of California (Department of Corrections)
1103.6000: CASE PROCESSING PROCEDURES; COMPLAINT; Service
A letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail. This presumption can be rebutted by evidence that the letter was not received. more or view all topics or full text.
304601/05/06
A235E Saddleback Community College District (Goffredo)
1103.6000: CASE PROCESSING PROCEDURES; COMPLAINT; Service
Board found that failure to serve party with papers twice was nonpredjucicial as party was made aware of the filing and in the other instance filed a statement of opposition. more or view all topics or full text.
162316710/27/92
1150S State of California (Department of Developmental Services) (International Union of Operating Engineers)
1103.6000: CASE PROCESSING PROCEDURES; COMPLAINT; Service
Although Regulation 32140 requires that service shall be concurrent with the filing in question, Board exercised its discretion to excuse noncompliance since (1) delay in service was fairly brief and (2) there was no showing of prejudice to other party; fn. 2 at pp. 2-3. more or view all topics or full text.
202708705/09/96
0162E Inglewood Unified School District
1103.6000: CASE PROCESSING PROCEDURES; COMPLAINT; Service
Burden for service in representation matters is placed on the petitioner, not on the PERB. Decertification petition that met requirements of Board rules was properly served. more or view all topics or full text.
51205605/12/81
0152E Los Angeles Unified School District (Watts)
1103.6000: CASE PROCESSING PROCEDURES; COMPLAINT; Service
Personal service of dismissal on complainant is adequate even though complaint was not given a proof of service in violation of PERB rules. Failure to provide complainant with a proof of service did not prejudice complainant and is of no consequence. more or view all topics or full text.
51200912/30/80
0153E Los Angeles Community College District (Watts)
1103.6000: CASE PROCESSING PROCEDURES; COMPLAINT; Service
Where party indicated through conduct that he has received notice of dismissal, it is of no consequence that a proof of service did not accompany dismissal. Where there is actual notice, failure to provide a proof of service is not fatal. more or view all topics or full text.
51201012/31/80