All notes for Subtopic 1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

DecisionDescriptionPERC Vol.PERC IndexDate
2702M City of Sacramento
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Absent good cause, the Board will dismiss as without any merit any initial exceptions filed by a prevailing party unless the Board’s ruling on the exceptions would change the outcome of the proposed decision. (p. 2, fn. 3.) more or view all topics or full text.
03/25/20
A477H Regents of the University of California
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board in this consolidated matter granted two Charging Parties’ appeal from an administrative determination which rejected their joint exceptions as untimely. The Board noted that the parties’ stipulation that they intended and understood one Charging Party’s request for an extension of time was on behalf of all Charging Parties was a reasonable and credible explanation for the untimely filing. Further, the Board noted that the confusion caused by the multiple parties and consolidated proceedings distinguished the circumstances from instances where the Board has found an attorney error is not good cause for late filing. more or view all topics or full text.
03/04/20
2664M City of Palo Alto
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Absent good cause, the Board will not entertain initial exceptions by a prevailing party that would not change the outcome of the proposed decision. Prevailing party’s exceptions which would impact the remedial order qualifies as a change in outcome. more or view all topics or full text.
08/21/19
2674M Orange County Employees Association (Hamilton)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Although the Board reviews exceptions to a proposed decision de novo, to the extent an adopted proposed decision properly resolves issues underlying particular exceptions, the Board need not further address those exceptions. (p. 7.) more or view all topics or full text.
10/15/19
2622E Cabrillo Community College District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board may exercise its discretion to address a party’s exceptions despite their technical noncompliance with PERB Regulation 32300 where they raise an important issue, such as the effect of a prior Board decision remanding a case for issuance of a complaint. (pp. 2-3.) However, even when it exercises such discretion, the Board need not consider arguments the ALJ adequately addressed in the proposed decision. (p. 3.) more or view all topics or full text.
4312602/04/19
2643E California School Employees Association (Williams)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
When neither party excepts to the merits of a proposed decision, the merits are not before the Board and are thus final and binding only on the parties to that proposed decision. (p. 2, fn. 2.) more or view all topics or full text.
4318505/17/19
2617E Oxnard Union High School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Compliance with PERB Regulation 32300 is necessary to afford the respondent and the Board an adequate opportunity to address the issues raised. When a party fails to comply with those requirements, the Board may dismiss the exceptions without reviewing their merits. (p. 2.) more or view all topics or full text.
4311112/27/18
2617E Oxnard Union High School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board need not consider arguments in a party’s exceptions that the ALJ adequately addressed in the proposed decision. (p. 2.) more or view all topics or full text.
4311112/27/18
2617E Oxnard Union High School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Absent good cause, after the evidentiary record closes, a party cannot belatedly proffer evidence it had the opportunity to present during an earlier stage of the proceedings. (p. 3.) more or view all topics or full text.
4311112/27/18
2617E Oxnard Union High School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
An ALJ did not err in declining to consider documents not introduced at the hearing that the charging party submitted with her post-hearing closing brief. (p. 3.) To the extent the charging party argued the documents were intended to show that the respondent’s witnesses testified untruthfully, the charging party failed to offer any explanation for why she could not have introduced the documents at hearing. (p. 4.) more or view all topics or full text.
4311112/27/18
2611M County of Orange
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
An ALJ’s factual findings and conclusions of law to which neither party excepts are not before the Board on appeal and are therefore binding only upon the parties. (p. 2, fn. 2.) more or view all topics or full text.
4310112/19/18
2583M Oak Valley Hospital District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Absent good cause, the Board will dismiss as without merit any initial exceptions filed by a prevailing party unless the Board’s ruling on the exceptions would change the outcome of the ALJ decision. The Board found good cause to consider the prevailing party’s initial exceptions in order to prevent the parties from being bound by an erroneous legal conclusion in the proposed decision should similar facts arise between them in the future. (pp. 2, 5-6) more or view all topics or full text.
435309/10/18
2630E Adelanto Elementary School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board may exercise its discretion to address a party’s exceptions despite their technical non-compliance with PERB Regulation 32300. Although charging party’s exceptions did not cite to relevant portions of the record, they did identify the portions of the proposed decision to which she excepted and the reasons for each exception, and often described the evidence (or lack thereof) that supported the exception. The Board therefore considered the merits of charging party’s exceptions. more or view all topics or full text.
4314703/01/19
A447E Bellflower Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB’s Appeals Assistant correctly determined that Charging Party’s response to the exceptions was untimely, as it was not filed and served until more than 20 days following the date of service of the opposing party’s exceptions. The fact that a document is also filed and served by e-mail does not alter the five-day extension of time under PERB Regulation 32130, subd. (c), if the document is also filed and served by regular mail in accordance with PERB Regulations. However, the same is not true for documents filed and served by facsimile. The Regulation states that, “No extension of time applies in the case of documents served in person, or by facsimile transmission as defined in Section 32090.” more or view all topics or full text.
421506/28/17
A447E Bellflower Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board denied Charging Party’s appeal from an administrative determination which denied its filing as untimely due to attorney error. Although an untimely filing may be excused at the discretion of the Board for “good cause” (PERB Reg. 32136), generally, “the Board has not found good cause [to excuse a late filing] in situations where the party’s attorney was directly responsible for the late filing.” Board precedent considers whether good cause exists separate from whether excusing a late filing would result in prejudice. Thus, even if a late filing would not result in prejudice, PERB has no discretion to accept the untimely filing in the absence of good cause. more or view all topics or full text.
421506/28/17
A446E Lake Elsinore Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board denied a school district’s appeal from an administrative determination which rejected the district’s filing as untimely where the untimeliness was due to attorney error, including failure to carefully review PERB Regulations or other materials regarding the filing deadlines, counsel’s failure to seek clarification or an extension of time when confronted with conflicting information as to the filing deadline. (pp. 10-11.) Although an untimely filing may be excused at the discretion of the Board for “good cause” (PERB Reg. 32136), generally, “the Board has not found good cause [to excuse a late filing] in situations where the party’s attorney was directly responsible for the late filing.” (Ibid.) more or view all topics or full text.
421806/28/17
A453H Regents of the University of California
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Because reply briefs are neither expressly permitted nor prohibited by PERB Regulations, the has discretion to consider a reply where it raises new issues, discusses new case law or formulates new defenses to allegations. (p. 17.) Consideration of a reply may also be appropriate when it clarifies or narrows the issues or the scope of relief requested. In this case, however, because the point being asserted in the reply had already been fully argued in the appeal, there was no reason for the Board to consider the reply’s “clarification” of the same point. (p. 19) more or view all topics or full text.
424709/29/17
A449E Lake Elsinore Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Pursuant to PERB Regulations 323601 and 32136, Charging Parties appealed from the Appeals Assistant’s determination and request that the Board excuse the late filing and consider the attempted amendment to their statement of exceptions when deciding the merits of the underlying unfair practice charge. Because Charging Parties’ appeal from an administrative determination was itself untimely filed, the Board denied the appeal and declined to consider whether Charging Parties had established good cause to excuse their prior late filing, which was the subject of the appeal. more or view all topics or full text.
421706/28/17
2604E Mount San Jacinto Community College District Faculty Association
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Absent good cause, the Board declines to consider initial exceptions filed by a prevailing party. more or view all topics or full text.
439112/12/18
2604E Mount San Jacinto Community College District Faculty Association
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Initial exceptions filed by prevailing party dismissed where good cause for the Board to consider the exceptions not shown. Board declines to adopt ALJ’s findings as a decision of the Board itself; the proposed decision remains nonprecedential and binding on the parties only with respect to the specific controversy involved in the case. This holding prevents prevailing parties from unilaterally turning a favorable ALJ decision into a precedential decision of the Board. more or view all topics or full text.
439112/12/18
2604E Mount San Jacinto Community College District Faculty Association
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board need not correct an ALJ’s harmless error. (Fremont Unified School District (2003) PERB Decision No. 1528 (Fremont), p. 2.) “This is especially true where the party asserting the errors seeks only to correct them, and does not seek to overturn the ALJ decision itself.” (Id. at pp. 2-3.) more or view all topics or full text.
439112/12/18
2616H Regents of the University of California (California Nurses Association)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Allegations that are dismissed by the ALJ and about which neither party files exceptions are not before the Board. more or view all topics or full text.
4311012/21/18
2616H Regents of the University of California (California Nurses Association)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board will dismiss exceptions unless the Board’s ruling on the exceptions would change the outcome of the ALJ’s decision. more or view all topics or full text.
4311012/21/18
A471E New Haven Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Challenges to an ALJ’s pre-hearing order dismissing a complaint for failure to prosecute are governed by PERB Regulation 32635. Only a charging party may appeal under this regulation, not a respondent or a non-party. more or view all topics or full text.
438412/03/18
2613M County of Santa Clara
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Noncompliance with PERB Regulation 32300, subdivision (a), can result in dismissal of the exceptions without review of the merits of the excepting party’s claims. However, based on public policy favoring resolving cases on their merits, the Board may exercise its discretion to disregard noncompliance. more or view all topics or full text.
4310412/21/18
2613M County of Santa Clara
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Failure to advance an argument in exceptions constitutes abandonment of the argument. more or view all topics or full text.
4310412/21/18
2593H Regents of the University of California (Irvine)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation 32300 permits a party to file a statement of exceptions, a brief, or both. When a statement of exceptions and supporting brief together provide all of the information required by PERB Regulation 32300, subdivision (a), the Board will find compliance with the regulation. more or view all topics or full text.
436910/26/18
2593H Regents of the University of California (Irvine)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board disregarded a typographical error in a statement of exceptions where it was able to discern the intended meaning from the remainder of the exceptions. more or view all topics or full text.
436910/26/18
2582M City of Davis
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Where an issue was not identified as a specific exception but inextricably intertwined with other exceptions, the Board would err on the side of considering it. more or view all topics or full text.
435109/05/18
2582M City of Davis
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board may decline to consider an exception raising an issue that the party neglected to mention to the ALJ. more or view all topics or full text.
435109/05/18
A443Ea Morgan Hill Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The reconsideration procedure set forth in PERB Regulation 32410 applies only to Board decisions arising out of exceptions to a proposed decision by an administrative law judge after a formal hearing. more or view all topics or full text.
4118405/30/17
A443Ea Morgan Hill Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The fact a party requested to withdraw its appeal on the date the decision denying the appeal was issued is not grounds for reconsideration or vacating the decision. more or view all topics or full text.
4118405/30/17
2578H Regents of the University of California (Teamsters Local 2010)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Although the Board reviews exceptions to a proposed decision de novo, where the proposed decision adequately addresses the issues raised by certain exceptions, the Board need not further analyze those exceptions. Nor does the Board need to address alleged errors that would not affect the result, particularly where the excepting party has simply reasserted claims without identifying a specific error of fact or law to justify reversal. more or view all topics or full text.
433107/18/18
2578H Regents of the University of California (Teamsters Local 2010)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Failing to discuss, distinguish, or explain why the authority cited by the hearing officer should not be followed is tantamount to abandoning the exception. more or view all topics or full text.
433107/18/18
2566C Los Angeles County Superior Court
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Although the Board reviews exceptions to a proposed decision de novo, it will generally decline to consider an argument not raised to the ALJ. more or view all topics or full text.
43106/12/18
2572M San Bernardino Public Employees Association
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board declined to consider an argument not made to the ALJ. more or view all topics or full text.
43706/21/18
2558E Children of Promise Preparatory Academy
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board consolidated two cases for decision after exceptions were filed, because they involved the same parties and similar issues. more or view all topics or full text.
4212403/27/18
2558E Children of Promise Preparatory Academy
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Exceptions asserting that proposed decision’s findings do not “reflect the true facts,” without citing record evidence, are rejected for failure to comply with PERB Regulation 32300(a)(3). more or view all topics or full text.
4212403/27/18
2567E Hartnell Community College District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board denied Charging Party’s exception which asserted that the ALJ had improperly failed to consider evidence that the employer’s decisionmaker had received biased, inaccurate or incomplete information from a subordinate, which influenced the decision to take adverse action against Charging Party. The exception included no citation to the record and did not identify any specific evidence that was neglected. ERB Regulation 32300 requires the party filing exceptions to: (1) state the specific issues of procedure, fact, law or rationale to which each exception is taken; (2) identify the page or part of the decision to which each exception is taken; (3) designate the portions of the record relied upon; and (4) state the grounds for each exception. (PERB Reg. 32300.) more or view all topics or full text.
43206/12/18
2567E Hartnell Community College District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Absent any clear statement of the issues or the grounds for an exception or, at least some explanation of each exception’s significance within the overall context of the case, the Board declined to consider several of Charging Party’s exceptions for failure to comply with the requirements of PERB Regulation 32300. (p. 13.) more or view all topics or full text.
43206/12/18
2567E Hartnell Community College District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Charging Party cannot rely on factual allegations made at the pre-hearing stage of PERB proceedings, which PERB accepts as true, with factual findings resulting from a formal hearing and developed record, which are the Charging Party’s burden to prove with competent and admissible evidence. (PERB Regs. 32178.) On review of a dismissal without hearing, the Board treats the charging party’s factual allegations as true and considers them in the light most favorable to the charging party’s case. However, after a complaint issues, the charging party bears the burden of prove the complaint’s allegations by a preponderance of the evidence in order to prevail. (PERB Reg. 32178.) A prior Board decision reversing the dismissal of an unfair practice charge is neither evidence in support of a complaint’s allegations, nor the law of the case as to the merits of the dispute. (pp. 6-7.) more or view all topics or full text.
43206/12/18
2567E Hartnell Community College District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board adopted the ALJ’s finding that the Charging Party had failed to prove that the ultimate decisionmaker responsible for terminating Charging Party’s employment knew of Charging Party’s protected activity. (p. 9.) To prevail in a case alleging retaliation under Novato Unified School District (1982) PERB Decision No. 210 and similar authorities, the charging party must prove that at least one of the respondent’s agents responsible for taking adverse action knew of the charging party’s participation in protected activity. (p. 9.) more or view all topics or full text.
43206/12/18
2561Ea Lake Elsinore Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Due to a clerical error, the Board was unaware at the time it issued its prior decision in this matter, that Charging Party had timely e-filed her exceptions and supporting brief on June 5, 2017. In light of this newly-available information, the Board vacated its prior decision denying Charging Party’s exceptions. more or view all topics or full text.
05/14/18
2561E Lake Elsinore Unified School District * * * VACATED by Lake Elsinore Unified School District (2018) PERB Decision No. 2561a
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
This decision is vacated by PERB Decision No. 2561a issued May 14, 2018. more or view all topics or full text.
4214004/27/18
2564M County of San Joaquin
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Under its broad powers to “investigate unfair practice charges or alleged violations of [the MMBA], the Board has discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. When an appeal pending before the Board involves a matter of continuing public interest and a precedential ruling on the matter will be instructive to similarly-situated parties, the Board has exercised its discretion by denying a request for withdrawal, in the interest of justice. The Board found the parties’ requests for withdrawal and dismissal to be in the best interest of the parties and consistent with the purposes of the MMBA to promote harmonious labor relations. more or view all topics or full text.
4215605/31/18
2567E Hartnell Community College District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board found it unnecessary to consider most of Charging Party’s exceptions, as they concerned issues that were not material to the outcome of his case. Although the Board’s review of exceptions to a proposed decision is de novo, it need not address arguments that have already been adequately addressed in the same case or that would not affect the result. (pp. 3-4.) more or view all topics or full text.
43206/12/18
2548E Lake Elsinore Unified School District (Edwards)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Despite its highly repetitive and often misplaced or entirely irrelevant arguments, charging party’s appeal from dismissal/refusal to issue a complaint identified the asserted error by the Office of the General Counsel in dismissing her charge, and thus substantially complied with PERB Regulation 32635. While clarity and conciseness are always appreciated, the regulation governing appeals does not expressly require a “clear and concise statement” of the appeal. (p. 11.) more or view all topics or full text.
4210202/02/18
2544E Bellflower Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Because the Board adopted the proposed decision, which fully considered and explained why certain information requested by the union was necessary and relevant, these same issues, presented to the Board as exceptions to the proposed decision, warranted no further discussion from the Board. Although the Board’s review of exceptions to a proposed decision is de novo, it need not address arguments that have already been adequately addressed in the same case or that would not affect the result. (p. 11.) more or view all topics or full text.
427012/15/17
2544E Bellflower Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
In the absence of any explanation or briefing from a school district who argued that the management rights clause remained in effect after 2010, or a request for reconsideration showing both extraordinary circumstances and that the Board’s determination in a prior decision that the parties’ agreement had expired in 2010 contained prejudicial error of fact, the Board had no grounds to consider the district’s waiver defense, which was based on the management rights language, in this case. (p. 7.) The interpretation of a collective bargaining agreement is not simply a factual finding of the sort which the Board or its agents are free to disregard in a subsequent case involving the same language. Because of its significance for governing the parties’ ongoing relationship, a Board finding as to the meaning of a contract term is more akin to a question of law, particularly where, as here, the question is whether the contract itself is illegal or void for public policy, as declared by the three-year limit for collective bargaining agreements set forth in EERA section 3540.1, subdivision (h). (pp. 6-7.) more or view all topics or full text.
427012/15/17
2544E Bellflower Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board rejected a school district’s exception that it had no notice that the ALJ considered the duration language of the parties’ agreement ambiguous or that the meaning of the duration language would be dispositive in the case by determining whether the management rights clause remained in effect. (p. 5-6.) A PERB hearing officer has the power and the duty to “[i]nquire fully into all issues and obtain a complete record upon which the decision can be rendered” and to “[r]ender and serve the proposed decision on each party.” (PERB Reg. 32170.) A hearing officer is not required to advise the parties of which factual disputes or legal issues may determine the outcome of the case, nor to make preliminary factual findings at the hearing itself so that the parties may object or offer additional evidence or argument on the issue. (Ibid.) more or view all topics or full text.
427012/15/17
2541M City of Calexico
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Although the Board’s review of exceptions is de novo, it need not address arguments that have been adequately addressed by the ALJ. more or view all topics or full text.
425310/20/17
2544E Bellflower Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Because the uncontradicted, unimpeached testimony of three union witnesses and one management witness was that the parties’ collective bargaining agreement had expired in 2010, the Board denied a school district’s exception arguing that the agreement’s management rights clause had remained in effect and served as a waiver of the union’s right to bargain over subcontracting of the district’s bus services. (p. 5.) Uncontradicted, unimpeached testimony at hearing is sufficient to carry the burden of proof in an unfair practice case. (PERB Reg. 32178.) more or view all topics or full text.
427012/15/17
2531M Santa Clara Valley Water District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
In the absence of decertification, Charging Parties had no absolute right to a separate unit of professional employees when the exclusive representative of the existing mixed unit did not wish to split the unit into professional and non-professional units. PERB and controlling judicial authority have held that the right of professional employees to separate representation is not absolute, but must be harmonized with other provisions of the statute. (p. 14.) more or view all topics or full text.
42506/23/17
2531M Santa Clara Valley Water District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Charging Party’s petition to establish a separate unit of professional employees but to retain the same exclusive representative of the current mixed unit failed to comply with the District’s local rules governing unit modification and severance. Charging Party failed to overcome the presumption of correctness afforded a legislative act to show that the District had acted unreasonably in applying or enforcing any aspect of its local rules governing unit modification and severance. The MMBA grants public agencies the right to “adopt reasonable rules and regulations” for the administration of employer-employee relations, including for determining what constitutes “an appropriate unit” of employees for collective bargaining purposes. PERB and judicial authority requires that, when evaluating the reasonableness of a public agency’s unit determination made pursuant to a local rule, the party challenging the unit determination bears the burden of demonstrating that the decision was not reasonable. (pp. 10-11.) more or view all topics or full text.
42506/23/17
2525M City of Livermore
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Lack of standing in unfair practice proceedings is jurisdictional and cannot be waived or otherwise affected by the respondent’s failure to assert that defect or by its mistaken belief as to the identity of persons purportedly acting as the authorized agents of a party with proper standing. (pp. 7-8.) As in civil procedure, lack of standing to bring an unfair practice allegation is a “jurisdictional” defect. Because proper standing to bring an action goes to the very existence of a cause of action and the right to relief, it may be raised at any point in unfair practice proceedings, including for the first time on appeal. (p. 8.) more or view all topics or full text.
4117305/04/17
2525M City of Livermore
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Employee’s lack of standing, as an employee, to file a unit modification petition under the City’s local rules has no bearing on whether he may bring an unfair practice charge alleging violations of the City’s local rules or of employee rights under the MMBA. Standing is not dispensed “in gross.” Rather, it is evaluated separately for each claim and each form of relief sought. (p. 13.) The Legislature has expressly authorized employees, in their capacity as employees, to bring unfair practice charges alleging either that a public agency has acted in violation of its local rules and/or that it has enforced its local rules in a manner that is inconsistent with the provisions, policies or purposes of the MMBA. (p. 14.) more or view all topics or full text.
4117305/04/17
2525M City of Livermore
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB rejected a City’s contention that it properly applied community of interest criteria to make a unit determination, where the final determination failed to include findings or explain how these various criteria had been applied. (p. 9.) In making unit determinations under its local rules, a public agency must make findings and explain its analytical process in sufficient detail “to enable the parties to determine whether and on what basis they should seek review and, in the event of review, to apprise a reviewing court of the basis for the [public agency’s] action.” (pp. 11-12.) more or view all topics or full text.
4117305/04/17
2525M City of Livermore
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Because PERB’s Regulation governing exceptions to a proposed decision expressly state that “[r]eference shall be made in the statement of exceptions only to matters contained in the record of the case” (PERB Reg. 32300, subd. (b)), a respondent may not use its statement of exceptions or supporting brief to present new justifications for its conduct. (p. 10.) more or view all topics or full text.
4117305/04/17
2526H Regents of the University of California (Los Angeles)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Under its broad powers to “investigate unfair practice charges or alleged violations of [HEERA], the Board has discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. When an appeal pending before the Board involves a matter of continuing public interest and a precedential ruling on the matter will be instructive to similarly-situated parties, the Board has exercised its discretion by denying a request for withdrawal, in the interest of justice. After carefully reviewing the settlement agreement in this case, the Board found withdrawal and dismissal to be in the best interest of the parties and consistent with the purposes of HEERA. more or view all topics or full text.
4117605/18/17
2524M Salinas Valley Memorial Heatlhcare System
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Charging party abandoned an exception concerning the ALJ’s denial of motion to amend the complaint by subsequently specifying that it was only seeking a determination on certain issues raised by its exceptions. more or view all topics or full text.
4115403/21/17
2523C El Dorado County Superior Court
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Because Charging Party’s exceptions raised no error of fact or law that would alter the dismissal of the complaint, it was unnecessary for the Board to address Charging Party’s exceptions regarding the circumstances in which a back pay award would be appropriate or regarding the appropriate measure of damages. (p. 13.) Although the Board reviews exceptions to a proposed decision de novo, it need not address arguments that have already been adequately addressed in the same case or that would not affect the result. The Board has routinely declined to address issues raised in exceptions or on appeal, where the party seeking relief has simply reasserted its claims without identifying a specific error of fact, law or procedure to justify reversal. (p. 7.) more or view all topics or full text.
4115203/20/17
2523C El Dorado County Superior Court
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board rejected Charging Party’s exception that, by requesting bargaining over a single issue following impasse, the Charging Party had effectively broken the deadlock and revived the Respondent’s duty to bargain over the single issue, which had already been part of the overall deadlock reached in negotiations for a successor MOU. (pp. 10-11.) The Board found no violation of the duty to bargain because Charging Party’s request for single-issue negotiations did not break the impasse and revive the Respondent’s duty to bargain. Although impasse necessarily entails an overall deadlock in negotiations, it may stem from disagreement over a single subject, if the disagreement is of such importance that the parties’ failure to agree on that one subject causes all negotiations to break down. (pp. 10-11.) The party asserting that an impasse has been broken must point to the changed circumstances that would justify a return to the bargaining table. Mere speculation regarding possible concessions by the other party is insufficient to revive bargaining. There must be substantial evidence that a party is committed to a new bargaining position. Vague and general statements about possible concessions or a request by one party for additional meetings, if unaccompanied by an indication of the areas in which that party foresees future concessions, are insufficient to break an impasse where the other party has clearly announced that its position is final. (p. 9.) more or view all topics or full text.
4115203/20/17
A451E Berkeley Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
(The Board may excuse late filings for good cause only, which requires an affirmative showing of good cause for the late filing and the absence of prejudice to the opposing party. The Board may excuse defective service, on the other hand, if the opposing parties have received actual notice of the filing and there is no showing of prejudice.) (Where an appeal was timely filed, but service was not perfected until after the deadline to appeal had expired, the Board applied the test for excusing defective service.) (When an appeal is rejected by the Board’s Appeals Office, the opposing party is not required to file a response.) more or view all topics or full text.
423108/16/17
A443E Morgan Hill Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
(A letter placing a unit modification petition in abeyance pending the outcome of a decertification petition is an interlocutory order, and therefore must be appealed pursuant to PERB Regulation 32380, not PERB Regulation 32350.) more or view all topics or full text.
4110712/13/16
2523C El Dorado County Superior Court
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Charging Party’s filing which combined a statement of exceptions and supporting brief in one document complies with the requirements of PERB Regulation 32300, so long as the filing includes the content required by the Regulation. (pp. 6-7.) While the content of exceptions to a proposed decision is clearly delineated by PERB Regulation 32300, the form in which exceptions are presented may vary. The excepting party may file a statement of exceptions, a brief or both. There is no requirement that a statement of exceptions or supporting brief assign a number to each of its exceptions. (Ibid.) more or view all topics or full text.
4115203/20/17
2523C El Dorado County Superior Court
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Where charging party has excepted to one or more factual findings in a proposed decision but has not explained how the purported error(s) would alter the result, the Board may summarily reject the exception. (p. 8.) Although the Board reviews exceptions to a proposed decision de novo, it need not address arguments that have already been adequately addressed in the same case or that would not affect the result. The Board has routinely declined to address issues raised in exceptions or on appeal, where the party seeking relief has simply reasserted its claims without identifying a specific error of fact, law or procedure to justify reversal. (p. 7.) more or view all topics or full text.
4115203/20/17
2571M City of San Ramon
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Merely incorporating an earlier brief by reference is not sufficiently specific to explain a party’s exceptions. (San Diego Community College District (1983) PERB Decision No. 368, p. 13.) A party responding to exceptions should similarly be specific in its arguments and cannot assume the Board will parse a previous brief that it chooses to incorporate by reference. more or view all topics or full text.
43606/20/18
A466E Grossmont Union High School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation 32305, subdivision (c), prohibits the Board from granting extensions of time in a representation case only when a party is filing exceptions to a proposed decision, not when a party is appealing an administrative decision pursuant to PERB Regulation 32360. (p. 3) more or view all topics or full text.
431506/20/18
2515M City of San Luis Obispo
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Under its broad powers to “investigate unfair practice charges or alleged violations of [the MMBA], the Board has discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. When an appeal pending before the Board involves a matter of continuing public interest and a precedential ruling on the matter will be instructive to similarly-situated parties, the Board has exercised its discretion by denying a request for withdrawal, in the interest of justice. After carefully reviewing the settlement agreement in this case, the Board found the parties’ requests for withdrawal and dismissal to be in the best interest of the parties and consistent with the purposes of the MMBA to promote harmonious labor relations. more or view all topics or full text.
4113402/13/17
2514E Santa Ana Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Notwithstanding the deference usually shown by the Board toward an ALJ’s factual findings based on credibility determinations, because in this case, there was no formal hearing on the record and no live testimony to serve as the basis for observational or non-observational credibility factors, the Board owed no deference to the ALJ’s findings or credibility determinations. The Board applies a de novo standard of review and is required to consider the entire record. As the ultimate finder of fact, it is free to draw its own findings and conclusions from the record, even where they are contrary to those of an ALJ. (PERB Reg. 32300.) more or view all topics or full text.
4113202/08/17
2504E Anaheim Union High School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
While the Board applies a de novo standard of review and is free to draw its own conclusions from the record, because an ALJ is in a much better position than the Board to accurately make credibility determinations based on live testimony, “the Board has determined that it will normally afford deference to administrative law judges’ findings of fact involving credibility determinations unless they are unsupported by the record as a whole.” [citations omitted.] Because the record as a whole in this case supported the ALJ’s factual findings and credibility determinations, which were based on a variety of observational and non-observational factors, and because the excepting party provided no grounds to undermine these findings and determinations, the Board declined to disturb the proposed decision finding that the charging party failed to prove the complaint’s allegations of bad-faith bargaining. (p. 14.) more or view all topics or full text.
418010/14/16
2450E Jurupa Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Charging party’s exceptions failed to comply with PERB Regulation 32300 either by failing to refer to some part of the record, failing to state the grounds for the exception, introducing alleged facts that were not contained in the record while failing to seek to re-open the record pursuant to PERB Regulation 32410, attempting to introduce new legal claims in his exceptions (two of which had been dismissed by the Office of the General Counsel before the complaints issued in these cases), or implying matters not litigated at the administrative hearing. more or view all topics or full text.
404608/31/15
A432H Trustees of the California State University
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board denied a higher education employer’s appeal to accept its late-filed opposition to an appeal from dismissal of an unfair practice charge, finding the employer had not provided sufficient factual detail to establish either a reasonable and credible explanation for its untimely filing or that it made a conscientious effort to comply with the deadline by requesting an extension of time, as required by PERB Regulation 32136 and decisional law. The employer admitted that its designated representative was in possession of the opposing party’s appeal almost two weeks before the deadline, the employer’s representative neither requested an extension of time nor sought clarification of the deadline but instead attempted to extend its own deadline for filing its papers because of delay in receiving opposing party’s appeal due to defective service. Although the Board may grant extensions of time or excuse late filings for good cause, parties cannot take the filing deadlines into their own hands. more or view all topics or full text.
4013802/11/16
2476M City of Santa Clara
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Where parties’ surface bargaining dispute turned on undisputed facts, and no party excepted to the factual findings included in a proposed decision, the Board adopted the ALJ’s factual findings but remanded for consideration of competent, reliable evidence to resolve separate interference allegations and to determine whether those allegations would affect the result of the surface bargaining allegation. Independent unfair practices committed at or away from the bargaining table, including allegations of coercive statements by employer agents to employees, may serve as evidence of bad faith in negotiations, and thus support the surface bargaining allegation. On remand, the ALJ may also consider the parties’ exceptions and responses thereto to ensure that any legal conclusions included in a new proposed decision are free of possible error. Charging party was blindsided by ALJ’s categorical refusal to consider declarations on disputed material facts where ALJ previously assigned to the case had agreed to permit the disputed issues to be decided based on declarations and rebuttal declarations rather than live testimony. The Board remanded with instructions for the ALJ to convene a hearing or otherwise determine how best to inquire fully into all issues and obtain a complete record on which a decision could be rendered. more or view all topics or full text.
4015403/10/16
2475E United Teachers of Los Angeles (Raines, et al)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Because charging party’s response to exceptions and its cross-exception raised new issues, the Board provided other parties opportunity for supplemental briefing before deciding newly-raised issues. more or view all topics or full text.
4014702/29/16
2481H Regents of the University of California (Los Angeles)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Although PERB follows the policy of California courts favoring resolution of disputes on their merits and against depriving a party of the right to appeal because of technical noncompliance in matters of form, failure to comply with even the most basic requirements of PERB’s regulation governing exceptions may result in dismissal without Board review of the merits of the excepting party’s claims. Board declined to address charging party’s exceptions or overturn the ALJ’s credibility determinations where charging party failed to cite to the applicable portion of the record, attempted to introduce evidence outside the record, or merely repeated arguments already adequately addressed by the proposed decision. more or view all topics or full text.
4018405/27/16
2432E Los Angeles Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
On review of exceptions to a proposed decision, the Board need not address arguments that have already been adequately addressed in the same case or that would not affect the result. Board declined to review employee exceptions regarding elements of her prima facie case that were not at issue. While PERB follows California judicial policy strongly favoring hearing disputes on their merits rather than dismissing them for procedural deficiencies, charging party’s failure to comply with PERB Regulation 32300 when excepting to a proposed decision may result in dismissal of the matter without consideration of its merits. Charging party’s exceptions failed to identify errors of fact, procedure or law requiring reversal of proposed decision. The Board declined to consider charging party’s authorities interpreting California and federal non-discrimination laws where the cases did not address elements of the prima facie case or affirmative defenses relied on by the ALJ in dismissing the complaint and underlying charge. more or view all topics or full text.
40206/12/15
2453E Cabrillo Community College District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Under PERB Regulation 32635(b) a charging party may not present new charge allegations or new supporting evidence on appeal from a dismissal unless good cause is shown. The Board has generally found good cause to do so when the new allegations or supporting evidence could not have been discovered by the charging party through the exercise of reasonable diligence before the charge was dismissed. more or view all topics or full text.
405709/17/15
A425M City of Oakland (Oakland Fire Department)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Under PERB Regulation 32136, a late filing may be accepted for good cause. The Board has excused late filings where a short, non-prejudicial delay resulted from circumstances beyond the control of the filing party and the filing party’s explanation was either credible on its face or corroborated by supporting evidence. The Board has found good cause to accept a late filing in the case of honest mistakes and where an untimely filing was a result of honest error resulting from miscommunications by an unrepresented appellant. With respect to a filing in the improper PERB office, the Board has excused a late filing sent to the wrong PERB office, but otherwise filed, served, and received in advance of the filing deadline. more or view all topics or full text.
401506/24/15
2443M City of Milpitas
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB regulations neither expressly permit nor preclude the submission of reply briefs and, therefore, the acceptance of such filings is discretionary with the Board. Los Angeles Unified School District/Los Angeles Community College District (1984) PERB Decision No. 408 (Los Angeles) recognizes that PERB’s regulations neither permit nor preclude reply briefs and the acceptance of such briefs is discretionary with the Board. We conclude that Los Angeles provides illustrations, not limitations, for the Board to exercise such discretion. more or view all topics or full text.
403607/29/15
2420E Jurupa Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board will disregard exceptions that fail to address the “issue central to the proposed decision.” more or view all topics or full text.
3914104/23/15
2408H Trustees of the California State University (East Bay)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board need not consider exceptions which do not at least substantially comply with PERB Regulation 32300 governing exceptions to proposed decisions. A party fails to comply with PERB Regulation 32300(a)(2) by failing to state the specific issues of procedure, fact, law or rationale to which an exception is taken, failing to identify any page or part of the ALJ’s proposed decision to which an exception is taken, and failing to state the grounds for an exception. more or view all topics or full text.
398701/13/15
2370H Regents of the University of California (San Francisco)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
A party who wishes to challenge a Board agent’s proposed decision may file exceptions pursuant to PERB Regulation 32300. While the form that the exceptions take may vary—a party may file a statement of exceptions, a brief or both—the content of those exceptions is clearly delineated. Thus, we do not agree with respondent that charging party was required to file a supporting brief along with her statement of exceptions, since the regulation, by its very terms, allows the filing of either a statement or a brief or both. Charging party’s exceptions do not comply with PERB Regulation 32300, since they invariably fail adequately to identify the page or part of the decision to which the exception was taken. more or view all topics or full text.
3815504/18/14
2446E Coachella Valley Teachers Association (Abrahamian)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation 32300 requires the party filing exceptions to a proposed decision to include: (1) a statement of the specific issues of procedure, fact, law or rationale to which each exception is taken; (2) identify the page or part of the decision to which each exception is taken; (3) designate the portions of the record relied upon; and (4) state the grounds for each exception. Document containing no reference to the ALJ’s proposed decision, or making reference to any factual, legal or procedural error by the ALJ fails to comply with PERB Regulation 32300. more or view all topics or full text.
403907/31/15
2447E Los Angeles Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Failure to request that a transcript of the formal hearing be transcribed provided no basis for charging party to question the ALJ’s factual findings. Therefore, pursuant to PERB Regulation 32300(a)(3), charging party’s exceptions to the ALJ’s factual findings were deficient. more or view all topics or full text.
404308/10/15
2390E Los Angeles Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Charging party’s exceptions fail to comply with PERB Regulation 32300. Charging party fails clearly to state specific issues of procedure, fact, law or rationale to which each exception is taken and, except for one instance, fails to identify the page or part of the decision to which each exception is taken. more or view all topics or full text.
393408/26/14
A417E Jurupa Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Only a party to a proposed decision has the right to file exceptions to it; where neither the charging party nor the respondent files a statement of exceptions, the proposed decision becomes final by operation of PERB Regulation 32305; an unfair practice charge brought by the exclusive representative is presumed to vindicate a collective interest, which is for the exclusive representative to determine how best to achieve; where the parties to the case have accepted the findings of fact and conclusions of law reached by the administrative law judge in the proposed decision, to accord the affected employee the right to appellate review of that proposed decision would not only contravene the regulatory scheme limiting the right to file exceptions to the parties, but also would undercut the exclusive representative’s right to control the administrative litigation of its case as the charging party and upset both parties’ expectation of finality. more or view all topics or full text.
394709/24/14
A416C San Bernardino Superior Court
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation 32140(b) states that there are two methods by which a party agrees to accept electronic service of documents. The first method is by serving notice on all parties that it will accept electronic service of documents in that matter. A party also agrees to accept electronic service in a case by electronically filing any document with the Board. (PERB Reg. 32140(b)(2).) Under PERB Regulation 32130(c), a five (5)-day extension of time shall apply to any filing made in response to documents served by mail if the place of address is within the State of California. more or view all topics or full text.
393508/26/14
A411M County of Santa Clara
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
In an appeal from an administrative determination, the moving party must demonstrate how and why the administrative decision being challenged departs from the Board’s precedents or regulations. Where a party fails to file a timely appeal, the appeal is barred unless the Board finds good cause to excuse the failure. PERB Regulation 32136 provides that the Board may excuse a late filing for good cause. Having voluntarily abandoned his appeal, appellant urges that his erroneous impression of PERB’s procedures should operate as good cause to excuse his compliance with PERB’s appeal procedures. We decline to extend the concept of good cause that far. more or view all topics or full text.
3815804/18/14
A397H Regents of the University of California (Lawrence Berkeley National Laboratory)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
After a formal unfair practice hearing resulting in a proposed decision dismissing the unfair practice charge, the proposed decision became final because neither of the parties filed a statement of exceptions; an individual employee on whose behalf the exclusive representative filed a charge of discrimination/retaliation lacked party status to file a statement of exceptions; to accord the employee the right to appellate review of the proposed decision would not only contravene the regulatory rules governing the filing of exceptions, but would also undercut the charging party’s right to control the administrative litigation of its own case. more or view all topics or full text.
02/22/13
A400E Santa Maria-Bonita School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
After a formal unfair practice hearing resulting in a proposed decision finding that the school district, acting through its agent, an elected official on the governing body, interfered with protected rights, the proposed decision became final because neither of the parties filed a statement of exceptions; the agent lacked party status to file a statement of exceptions; to accord the agent the right to appellate review would be to contravene the statutory definition of “public school employer” and the regulatory rules governing the filing of exceptions, and would undercut the respondent’s right to control the administrative litigation and both parties’ expectation of finality. more or view all topics or full text.
381907/09/13
A407M City and County of San Francisco
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board found good cause to excuse a late-filed request for an extension of time to appeal the dismissal of an unfair practice charge where the request for extension was filed only one day late and the late filing was the result of an honest error based on “misunderstood communications” and caused no prejudice to the opposing side. more or view all topics or full text.
3812301/28/14
A412M County of Santa Clara
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board did not find good cause to excuse a late-filed appeal of the dismissal of the unfair practice charge where charging party was aware of the deadline, failed to explain how an illness prevented him from making a conscientious effort to timely file the appeal, and failed to timely request an extension of time under PERB Regulation 32132. more or view all topics or full text.
3815904/21/14
2265E Oxnard Union High School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Individual employees lack standing to allege bargaining violations, including unilateral change violations, and violations of EERA sections that protect the collective bargaining rights of employee organizations. more or view all topics or full text.
05/25/12
2266E Oxnard Federation of Teachers (Collins)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Individual employees lack standing to allege bargaining violations, including unilateral change violations, and violations of EERA sections that protect the collective bargaining rights of employee organizations. more or view all topics or full text.
05/25/12
2246M City of Santa Monica
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
An employer’s duty to provide, upon request, necessary and relevant information to an exclusive representative derives from the duty to bargain in good faith; the duty to bargain in good faith is only owed between an employee organization and the employer, and does not apply to the relationship between an individual employee and the employer; where employee organization withdrew as a charging party to the charge, individual employee lacked standing to pursue an allegation that an employer engaged in bad faith bargaining by failing to comply with an information request. more or view all topics or full text.
3014904/06/12
2221E Chula Vista Elementary School District * * * OVERRULED IN PART by Bellflower Unified School District (2017) PERB Order No. Ad-447
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Under PERB Regulation 32136, the Board has found good cause to excuse a late filing when a party makes a conscientious effort to timely file and the late filing was caused by circumstances beyond the party’s control, such as a mailing or clerical error; if the reason for the untimely filing is “reasonable and credible,” the Board evaluates whether the opposing party would suffer any prejudice as a result of the excused late filing; where attorney was one day off in calculating the last day to file the response by incorrectly applying the 5-day extension for service by mail under PERB Regulation 32130, subdivision (c), and the weekend extension under PERB Regulation 32130, subdivision (b), and there was no prejudice to the opposing party, the attorney was found to have made an honest mistake and therefore the late filing was excused and deemed timely filed. more or view all topics or full text.
368811/23/11
2296M City of Long Beach
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
When considering a request to reopen the record to admit new evidence, the Board applies the standard set forth in PERB Regulation 32410(a) for a request for reconsideration based on the discovery of new evidence. The same standard applies to a request to reopen the record to consider new legal authority. Where authority was not previously available, nor could it have been discovered prior to submission of the exceptions with the exercise of reasonable diligence, and was submitted within a reasonable time after issuance of decision, Board finds good cause to reopen record to admit new legal authority. more or view all topics or full text.
12/04/12
A392M Stanislaus Consolidated Fire Protection District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board did not find good cause to excuse respondent’s late-filed response to the appeal from the partial dismissal of the unfair practice charge under PERB Regulation 32136 where respondent filed its response eight days late and failed to supply the Board with any reasons for its late filing, thus depriving the Board the opportunity to determine whether the respondent made an honest mistake or whether the delay resulted from circumstances beyond respondent’s control or excusable misinformation for purposes of evaluating whether respondent made a conscientious effort to timely file; Board will not find good cause to excuse a late filing based on lack of prejudice alone where the Board is unable to determine whether respondent’s reasons for the late filing were reasonable and credible. more or view all topics or full text.
3610801/19/12
A393E Santa Monica Community College District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board found good cause to excuse respondent’s late-filed response to the appeal from the dismissal of the unfair practice charge under PERB Regulation 32136 where respondent’s response to the appeal was prepared in a timely fashion, respondent made a conscientious effort to timely file, respondent filed timely at a PERB regional office but due to a secretarial error failed to file at PERB headquarters, respondent corrected the filing defect immediately upon discovery, the charging party did not file a response to the administrative appeal, and there was no prejudice to charging party by the late filing. more or view all topics or full text.
3613402/29/12
A394M Stanislaus Consolidated Fire Protection District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board denied respondent’s request for extension of time to file request for reconsideration where respondent filed the request for extension of time four days after it was due under PERB Regulation 32132, subdivision (a), and one day after the request for reconsideration was due; these circumstances do not demonstrate that the respondent made a conscientious effort to timely file and therefore good cause to excuse the late-filed request for extension of time was not found to exist. more or view all topics or full text.
3618605/23/12
A396H Regents of the University of California
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Good cause established under PERB Regulation 32310 for the Board to accept late-filed response to the statement of exceptions, where party provided reasonable and credible explanation for its failure to timely file based due to error in facsimile filing and no prejudice to opposing party shown. more or view all topics or full text.
11/27/12
A391M City and County of San Francisco
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Good cause found under PERB Regulation 32136 for accepting late-filed appeal from dismissal of charge, where delay in filing was caused by circumstances beyond charging party’s control. Charging party timely mailed appeal, but the United States Postal Service inexplicably returned envelope with the notation “no such number” and respondent was not prejudiced by the delay. more or view all topics or full text.
368111/09/11
A395E Federation of United School Employees, Local 1212 (Corrigan)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Late filing of an appeal of dismissal of unfair practice charge not excused where appellant actually received Notice of Dismissal 20 days before appeal was due and offered no explanation for late filing. more or view all topics or full text.
06/29/12
2255Ha Regents of the University of California (Irvine)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Pursuant to Board’s longstanding policy favoring voluntary settlement of disputes, it effectuates the purposes of HEERA to grant joint request for reconsideration to permit withdrawal of exceptions to the ALJ’s proposed decision. more or view all topics or full text.
06/28/12
2241E Lake Elsinore Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Exceptions clearly identified issues to which exception is taken, with appropriate page references to ALJ’s proposed decision and citations to the record, and therefore satisfies requirements of PERB Regulation 32300. more or view all topics or full text.
3612902/27/12
2232E United Educators of San Francisco
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Pursuant to PERB Regulation 32136, the Board may excuse a late filing for good cause. In this case, the Board excused a late filing based upon the Board’s conclusion that the Board agent dismissed prematurely charging party’s unfair practice charge. Upon examination of the record, the Board concluded that the Board agent provided a deadline for the charging party to supplement his amended charge. The Board agent then dismissed the charge prior to the deadline. Because charging party filed his supplement to his amended charge prior to the deadline, the Board found good cause to excuse the “late” filing. more or view all topics or full text.
3611201/23/12
2229M Fallbrook Public Utility District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Pursuant to PERB Regulation 32136, the Board may excuse a late filing for good cause. The Board has previously excused late filings which have gone astray. In this case, the Board excused a late filing based upon the Board’s conclusion that the charging party mailed his amended charge prior to the Board agent’s deadline. On appeal, charging party provided the Board with a proof of service, signed under penalty of perjury, establishing that charging party deposited the amended charge in the mail prior to the Board agent’s deadline and respondent filed no objection to charging party’s petition to excuse the tardy filing. more or view all topics or full text.
3610301/10/12
A389E National School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Pursuant to PERB Regulation 32136, the Board may excuse a late filing for good cause. the Board has found good cause to exist when the explanation for the late filing was "reasonable and credible" and the delay did not cause prejudice to any party. Additionally, good cause is typically found when the late filing was caused by circumstances beyond the party's control. more or view all topics or full text.
351912/21/10
2133E United Faculty of Grossmont-Cuyamaca Community College District (Tarvin)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
A late filing will not be excused because charging party is not an attorney and is unfamiliar with PERB policy. more or view all topics or full text.
3414009/21/10
2186M Service Employees International Union Local 521 (Chow)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
In computing the time period for filing an appeal from dismissal, a five-day extension of time applies to any filing made in response to documents served by mail. When the last day to perform an act falls on a Saturday, Sunday or holiday, the time period for filing is extended to the next business day. Where last day to file appeal following service of dismissal by mail fell on a State holiday, appeal filed the next business day was timely. more or view all topics or full text.
36706/15/11
2187E California School Employees Association and its Chapter 746 (Perez)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB has historically treated the filing of an amended charge after an unfair practice charge has been dismissed as an appeal from the dismissal of the charge. Even construing the amended charge as an appeal from dismissal, amended charge filed two days after extended deadline agreed to by parties was untimely, in the absence of a showing of good cause. more or view all topics or full text.
36806/15/11
2184M County of Riverside
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Exceptions adequately notify respondent and the Board of the issues raised on appeal, and are therefore in substantial compliance with PERB Regulation 32300(a). Because the record contains no evidence to support new factual allegations for which no evidence was presented at hearing, the Board will not consider those allegations in review of exceptions. more or view all topics or full text.
36206/07/11
2161M City of Alhambra
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation 32300(a) provides that exceptions must be filed within 20 days of the date of service of the proposed decision. PERB Regulation 32130(c) provides an additional five days to file exceptions when the proposed decision is served by mail. Because the proposed decision was served on the respondent by mail, its exceptions filed 25 days after the date of service were timely. more or view all topics or full text.
353602/08/11
A382S State of California (Department of Corrections and Rehabilitation)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Appeals Assistant properly rejected sealed exhibit that was not served on opposing party. Documents may not be filed under seal with PERB because no regulation allows such filing. Without service on opposing party, exhibit would have violated the prohibition against ex parte communications in PERB Regulation 32295. Filing party given 20 days to file exhibit in compliance with the service requirements in PERB Regulations 32300 and 32140. more or view all topics or full text.
344412/30/09
2066M Metropolitan Water District of Southern California
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
An addendum to an appeal filed after the expiration of the 20-day appeal period is untimely unless good cause is shown for the late filing pursuant to PERB Regulation 32136. No good cause to excuse late filing because nothing in addendum or circumstances surrounding its filing indicated charging party attempted to file the addendum within the 20-day period but was prevented from doing so by circumstances beyond charging party’s control. more or view all topics or full text.
3316509/29/09
A381E United Teachers of Los Angeles
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Charging party asserted medical reasons and a personal emergency out of state as reasons for late filing of appeal but provided no explanation of how these circumstances precluded timely filing. Board found no good cause to excuse late filed appeal under PERB Regulation 32136. more or view all topics or full text.
3316309/25/09
2048E San Francisco Unified School District * * * OVERRULED IN PART by Rio Hondo Community College District (2013) PERB Decision No. 2313-E
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation 32136 authorizes the Board to excuse a late filing upon a showing of good cause. Good cause found to excuse late filing of response to appeal when delay caused by clerical error and no prejudice to other party. more or view all topics or full text.
3312306/30/09
2039M Calaveras County Water District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board disregarded new evidence of positive evaluations submitted on appeal as no good cause was shown to accept the new evidence. more or view all topics or full text.
3311006/19/09
2023M County of San Bernardino (County Library)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board found good cause to excuse late filing of amended charge where charging party made a conscientious attempt to timely file amended charge, the amended charge was postmarked on the date due for filing as a result of honest error based on “misunderstood communications” between the charging party and the Board agent, and there was no evidence of prejudice resulting from the brief delay. A late filing may be excused at the discretion of the Board for good cause only. Once excused, the filing becomes timely (PERB Regulation 32135). more or view all topics or full text.
338505/12/09
2028E California School Employees Association and its Chapter 379 (Dunn)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
An addendum to an appeal filed after the expiration of the 20-day appeal period is untimely unless good cause is shown for the late filing pursuant to PERB Regulation 32136. No good cause to excuse late filing because nothing in addendum or circumstances surrounding its filing indicated charging party attempted to file the addendum within the 20-day period but was prevented from doing so by circumstances beyond charging party’s control. more or view all topics or full text.
338905/27/09
2017S State of California (Department of Personnel Administration)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
On appeal, the union presents new allegations in support of its claim that the employer retaliated against the union's officers and members. The union makes no attempt to demonstrate why good cause exists to consider these allegations on appeal. more or view all topics or full text.
336804/01/09
2002E Long Beach Community College District * * * OVERRULED IN PART by Los Angeles Unified School District (2014) PERB Decision No. 2359
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Exceptions contained a document not introduced at hearing and thus not part of the record on appeal. Presentation of new evidence to the Board on appeal is governed by the same standard applied to requests for reconsideration based on discovery of new evidence. Exceptions did not contain declaration under penalty of perjury establishing grounds for considering the new evidence, as required by PERB Regulation 32410(a). Accordingly, the Board did not consider the new evidence in deciding the case. more or view all topics or full text.
333601/30/09
2004M City of Torrance
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation 32300(a) requires that the statement of exceptions “state the specific issues of procedure, fact, law or rationale to which each exception is taken” and “state the grounds for each exception.” PERB Regulation 32300(c) states in full: “An exception not specifically urged shall be waived.” Respondent’s exceptions to ALJ’s proposed decision did not mention the substantive issue in the case but focused solely on whether a particular witness’ testimony should be stricken. Statements that the testimony “must be stricken from the record and disregarded when the board weighs the evidence in this matter” and that exclusion of the testimony “leaves the Charging Party substantially short of meeting their burden of proof” were not sufficient to trigger review of the ALJ’s ruling on the substantive issue because they failed to comply with Regulation 32300(a). Therefore, because the respondent waived any exception to the ALJ’s ruling on the merits of the case by failing to specifically except to it, that ruling is binding upon the parties but has no precedential effect with respect to other cases. more or view all topics or full text.
334302/18/09
1985S State of California (Department of Personnel Administration)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation section 32635(b) requires a showing of good cause to include a new charge or new supporting evidence on appeal. Charging party provided nothing to the Board indicating why it’s new allegation (i.e., that the State’s failure to achieve legislative approval of the last, best and final offer bars the State from ending the agency fee agreement) was not included in the underlying charge. more or view all topics or full text.
3216011/20/08
1998M Service Employees International Union, Local 1021 (Estival)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Raising an issue for the first time on appeal is precluded by PERB Regulation 32635(b), absent a showing of good cause to include a new charge or new supporting evidence on appeal. Charging party failed to demonstrate good cause. more or view all topics or full text.
332901/14/09
1974H American Federation of State, County and Municipal Employees (Owens)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Charging party failed to comply with PERB Regulation 32635. She failed to demonstrate good cause for the presentation of new evidence on appeal and nothing in the document filed related to the appeal or indicated good cause. more or view all topics or full text.
3213508/29/08
A376M County of Riverside
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation 32315 states that a party desiring to argue before the Board itself regarding the exceptions to the proposed decision shall file with the statement of exceptions or the response to the statement of exceptions a written request stating the reasons for the request. As such, the Board denied the request for oral argument as untimely filed. more or view all topics or full text.
3213408/29/08
A375S Service Employees International Union Local 1000 (Isom)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation 32136 authorizes the Board to excuse a late filing upon a showing of good cause. Charging party's failure to review and comply with the extension of time request procedure set forth in the dismissal letter does not excuse a late filed extension request. more or view all topics or full text.
3212208/13/08
1838M Sacramento Municipal Utility District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation 32136 grants the Board the discretion to excuse a late filing for good cause. more or view all topics or full text.
3011705/10/06
A368E Los Angeles Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Late filing excused. Charging party mistakenly listed her witness on the notice of appearance form. As a result, the warning letter was sent to the witness. Charging party did not have an opportunity to respond to the warning letter before the charge was dismissed; p. 4. No prejudice to the school district as the district did not file a response to charging party's late filed request. In addition, the district will have an opportunity to respond if a complaint is subsequently issued; p. 4. more or view all topics or full text.
3115811/15/07
A369E Long Beach Community College District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Good cause for late filing did not exist where the Appeals Assistant granted an extension of time in a related case, and the charging party claimed that he was hospitalized but failed to provide evidence of such hospitalization and failed to provide a reasonable and credible explanation of how his alleged hospitalization prevented his prompt filing of the appeal. more or view all topics or full text.
321812/21/07
A372E California School Employees Association and Its Chapters 246, 336 and 617
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Under PERB Regulation 32136, the Board may excuse a late filing for good cause. The Board has found good cause in situations where the justification was “reasonable and credible.” The Board has deemed “honest mistakes,” such as mailing or clerical errors, to show good cause. In this case, the Board excused a late filing based upon an attorney’s plausible explanation that an ordinarily reliable clerical employee inadvertently neglected to file the document by fax or personal service but still timely served CSEA with the appeal. Upon being notified that it failed to file its appeal with PERB, the District immediately faxed the document to PERB. Therefore, the justification was “reasonable and credible.” If justification for the late filing is “reasonable and credible,” the Board then evaluates whether there is prejudice to the charging party. Here, the proof of service showed the document to have been properly and timely served on CSEA. more or view all topics or full text.
327204/21/08
A373E Newport-Mesa Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Charging party argued that he did not timely file an appeal of the dismissal of his charge because he was traveling out of “personal necessity.” He offered no further explanation or documentation to support or explain a delay of almost three months. The Board found his argument neither reasonable nor credible and denied his request to excuse his late-filed appeal. Charging party asserted, without further explanation, that “reasons of health” caused a delay in filing an appeal. The Board has held that a party must explain how an illness precluded timely filing, when arguing that a health-related reason delayed filing. Charging party did not satisfy this requirement. Therefore, Charging party did not demonstrate good cause to excuse his late-filed appeal. more or view all topics or full text.
327705/09/08
A363M City of Beverly Hills (Transportation Department)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board excused the late filing of the charging party’s appeal of dismissal of the unfair practice charge where the charging party mailed the appeal well before the deadline, but due to insufficient postage, the appeal was held by the U.S. Postal Service until the Saturday before the due date (a Monday). more or view all topics or full text.
3110705/24/07
A365E Grossmont-Cuyamaca Community College District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
A representation petition was untimely filed when it was filed after close of business (5:00 p.m.) on the last day of the day set for filing. In determining the timeliness of a filing, the Board applied the regulations that were in effect at the time the filing of the petition occurred. more or view all topics or full text.
3111306/20/07
A366E San Leandro Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation 32136 authorizes the Board to excuse a late filing upon a showing of good cause. Because parties to an unfair practice charge have a duty to carefully review all documents filed in connection with their case, the charging party’s alleged late discovery of statements contained in a dismissal letter is insufficient to warrant a finding of good cause to excuse the late filing. more or view all topics or full text.
3112607/10/07
1777Ea King City Joint Union High School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation 32410(a) provides, in part, that: “Any party to a decision of the Board itself may, because of extraordinary circumstances, file a request to reconsider the decision within 20 days following the date of service of the decision.” The joint request was filed well past the deadline to file a request for reconsideration. The Board found good cause to excuse the late filing in accordance with PERB Regulation 32136. Because of the unusual and extraordinarily dire nature of the circumstances resulting from the Board’s make-whole order and the fact that it took the parties nearly a year since the issuance of its original decision to discover these circumstances, the Board found good cause to excuse the late-filed joint request for reconsideration. more or view all topics or full text.
316402/16/07
1856M Modesto Irrigation District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Under PERB Regulation 32136, the Board may excuse a late filing for good cause. A party’s ignorance of PERB Regulations will not support a finding of good cause to excuse a late filing. Under PERB Regulation 32136, the Board may excuse a late filing for good cause. While the absence of a key employee may be sufficient to support a finding of good cause, the facts of this case did not support such a finding. more or view all topics or full text.
31109/01/06
1851H Regents of the University of California
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
To raise an issue for the first time on appeal is a violation of PERB Regulation section 32635(b) which requires a showing of good cause to include a new charge or new supporting evidence on appeal. Charging Party demonstrated good cause because the evidence being presented didn’t exist at the time of the dismissal. more or view all topics or full text.
3015308/21/06
1854H Regents of the University of California
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
To raise an issue for the first time on appeal is a violation of PERB Regulation section 32635(b) which requires a showing of good cause to include a new charge or new supporting evidence on appeal. Charging Party demonstrated good cause because the evidence being presented didn’t exist at the time of the dismissal. more or view all topics or full text.
3015608/29/06
1843H Regents of the University of California
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
To raise an issue for the first time on appeal is a violation of PERB Regulation section 32635(b) which requires a showing of good cause to include a new charge or new supporting evidence on appeal. Charging Party failed to demonstrate good cause for the presentation of new allegations and/or supporting evidence on appeal, and nothing in the documents filed related to the appeal indicates there is good cause. more or view all topics or full text.
3012405/18/06
1828E Los Banos Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation section 32635(b) requires a showing of good cause to include a new charge or new supporting evidence on appeal. Charging party included nothing indicating why the new allegations were not included in his underlying charge. more or view all topics or full text.
308603/09/06
A353H Regents of the University of California (San Francisco)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board finds no good cause to accept late filing based on unspecified reference to postal or clerical error without justification being given or authority for position cited. more or view all topics or full text.
3012305/18/06
A354E Newark Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Good cause for accepting late-filed response to appeal where response filed at incorrect office due to clerical error but delay in reaching correct office timely due to internal handling by PERB. more or view all topics or full text.
3013606/23/06
A352E Service Employees International Union Local 99
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Where exceptions are filed late due to an error at PERB, there is good cause shown to accept documents as timely. more or view all topics or full text.
3010003/10/06
1805E Compton Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
To raise an issue for the first time on appeal is a violation of PERB Regulation section 32635(b) which requires a showing of good cause to include a new charge or new supporting evidence on appeal. Charging Party demonstrated good cause because the evidence being presented didn’t exist at the time of the dismissal. more or view all topics or full text.
305001/05/06
1781E United Teachers of Los Angeles (Chambers)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
To raise an issue for the first time on appeal is a violation of PERB Regulation section 32635(b) which requires a showing of good cause to include a new charge or new supporting evidence on appeal. Charging Party included nothing indicating why the issue of reclassification of duties was not included in his underlying charge. more or view all topics or full text.
30610/27/05
1791E Los Angeles Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Kahn’s appeal was not timely filed. Kahn had not requested an extension of time from the Appeals Office nor did Kahn provide any information in his appeal that would demonstrate good cause for the late filing. The Board, therefore, did not excuse Kahn’ late filing. more or view all topics or full text.
303212/29/05
1774M Service Employees International Union Local 790 (Paez)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Regulation 32635(b) prevents charging party to present new allegations or supporting evidence on appeal unless good cause is shown. more or view all topics or full text.
2915008/10/05
1780M Public Employees Union Local 1 (Coleman)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Late filing not excused by ignorance of the PERB Regulations as to fact that PERB does not notify respondents of the rules on appeal. more or view all topics or full text.
2917010/11/05
A336M Coachella Valley Mosquito and Vector Control District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The 30-day time period under PERB Regulation 60000 is not a jurisdictional statute of limitations. Late filings may be excused for good cause under Regulation 32136. Good cause was not established here because filing party failed to read Regulation 60000. more or view all topics or full text.
2813705/12/04
A348E United Teachers of Los Angeles
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation 32136 grants the Board the discretion to excuse a late filing for good cause. Charging Party did not explain how his illness prevented him from timely filing. Evidence of a number of doctor visits does not satisfy an obligation to make a conscientious effort to timely file; p. 3. more or view all topics or full text.
2914106/10/05
A349E American Federation of Teachers College Staff Guild, Local 1521
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation 32136 grants the Board the discretion to excuse a late filing for good cause. Charging Party did not explain how his medical condition, or how litigation pending in another forum, prevented his conscientious effort to timely file; p. 3. more or view all topics or full text.
2914206/17/05
1759E Stockton Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Regulation 32130(c) granted the charging party a five-day extension of time to file its appeal because the dismissal of the charge was served by mail; p. 2. more or view all topics or full text.
2910403/28/05
1743E Los Angeles County Office of Education
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board found Cummings’ appeal to be timely under PERB Regulation 32130(c), the Board’s version of the “mailbox rule.” more or view all topics or full text.
296001/26/05
A346E Lodi Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Under PERB Regulation 32136, the Board may excuse a late filing for good cause. The Board has found good cause in situations where the justification was “reasonable and credible.” The Board has deemed “honest mistakes,” such as mailing or clerical errors, to show good cause. In this case, the Board excused a late filing based upon an attorney’s plausible explanation that an ordinarily reliable clerical employee inadvertently neglected to file the document by fax or personal service resulting in the filing occurring one day late. Therefore, the justification was “reasonable and credible.” If justification for the late filing is “reasonable and credible,” the Board then evaluates whether there is prejudice to the charging party. Here, the proof of service showed the document to have been properly and timely served on CSEA. more or view all topics or full text.
299202/11/05
1540Sa State of California (Department of Corrections)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Filing party provided no information that demonstrates an effort to timely file, thus the Board does not excuse the late filing of the second amended charge. more or view all topics or full text.
288502/24/04
A344H California Faculty Association
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Good cause exists to allow late filing of response to request for judicial review due to reorganization of job assignments the staff person mailing the response was not familiar with the office practice of mailing and faxing the response to PERB and delay caused no prejudice to any party in the case (United Teachers of Los Angeles (Kestin) (2003) PERB Order No. Ad-325). more or view all topics or full text.
294412/28/04
1616E San Juan Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board must assume that the essential facts alleged in the charge are true. Disputed facts must be resolved under the Board’s hearing process. Therefore, the allegation concerning the teachers’ shared position, that the Association learned of the elimination of the shared contract position within the limitations period, is timely. more or view all topics or full text.
2812804/05/04
1682Ea Desert Sands Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Request was timely filed because it arrived within 20 days plus 5 granted by Regulation 32130 more or view all topics or full text.
292011/30/04
1621M International Association of Firefighters Local 55 (Waqia)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board did not consider a late filed document because no facts provided to show good cause for being late more or view all topics or full text.
2814304/21/04
1607H California Nurses Association (O'Malley)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
O’Malley did not show good cause under PERB Regulation 32136 to excuse the late-filed supplement to his appeal. It will therefore not be considered. more or view all topics or full text.
2811703/18/04
1582H University Professional and Technical Employees, Communications Workers of America Local 9119 (Trout)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board will not excuse late filing where good cause is not demonstrated. more or view all topics or full text.
285901/13/04
1598M County of Solano (Human Resources Department)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Local 1280 and the affected employees did not provide any facts to show good cause for the Board to accept the late filed informal petition to submit an informational brief under PERB Regulation 32136 more or view all topics or full text.
288202/19/04
A341E San Ysidro Education Association (Armas)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board did not find good cause to excuse late-filed appeal where warning letter clearly informed charging party that appeal period is calculated using calendar days, not workdays. more or view all topics or full text.
2824809/08/04
1576E Peralta Community College District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board will not consider new allegations on appeal unless the party demonstrates good cause or provides an explanation for alleging new facts. The facts were known to the charging party at the time he filed the charge. more or view all topics or full text.
284412/31/03
1577Ma County of Riverside
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board finds request for reconsideration timely filed even though past the twenty day filing period because a five day extension will be given if request is sent by mail and an extension will be given to the next business day if the last day to file falls on a Sunday. more or view all topics or full text.
2811803/18/04
A339E Fullerton Elementary School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Good cause to allow late filing of District’s Response found where delay was caused by specific incident (failure of secretary to fax document to Board), immediately recognized and corrected and no prejudice to other party. more or view all topics or full text.
2823407/28/04
A340E Allan Hancock Joint Community College District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board found good cause to excuse late-filed opposition where pleading was timely mail, but addressed to a PERB regional office instead of to headquarters. more or view all topics or full text.
2824609/07/04
A330E Wheatland Elementary School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board finds that good cause is shown to accept a late filed response when the responding party can show that the original mailing had been sent to the wrong address then returned to the sender by postal service and upon receipt of the second notice a prompt response was filed. Board finds that an absence of any indication of prejudice arising from the late filing of a response is necessary in order to excuse a late filed response. more or view all topics or full text.
284312/31/03
A334E Los Angeles Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Good cause for a request for an extension of time to file an appeal is not shown when the charging party shows no evidence of an effort to request an extension or seek assistance from any Board staff to make a timely filing of a charge. more or view all topics or full text.
2812904/12/04
A335E Teamsters Local 572 (Henderson)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Good cause for a request for an extension of time to file an appeal is not shown when the charging party shows no evidence of an effort to request an extension or seek assistance from any Board staff to make a timely filing of a charge. more or view all topics or full text.
2813004/12/04
1670E Orange Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Individual employees do not have standing to bring unilateral change violation charges nor allegations of violation of sections that protect the collective bargaining rights of employee organizations such as the right to receive information that is accurate. more or view all topics or full text.
2821407/28/04
1662E California Federation of Teachers (Malik)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
An appeal filed in response to a Board agent dismissal must include facts related to the who, what, when or how of the underlying charge. Without facts as to dates or conduct giving rise to the charge, the appeal cannot be considered. PERB Regulation 32635(a) requires that the appeal state the specific issues of procedure, fact, law or rationale, identify the page or part of the dismissal to which the appeal is taken and state the grounds for each issue included. more or view all topics or full text.
2820307/16/04
A325E United Teachers of Los Angeles
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Under PERB Reg. 32136, Board will excuse a late filing where there is a non-prejudicial delay of short duration that resulted from circumstances beyond the control of the filing party or from excusable misinformation and where the filing party’s explanation was either credible on its face or was corroborated by other facts or testimony. Here, the requesting party provided only an unsworn, uncorroborated and unexplained statement that the dismissal was lost in the mail. This does not support good cause in face of a sworn proof of service. more or view all topics or full text.
278505/22/03
1559S State of California (Department of Corrections)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Good cause is not demonstrated by a charging party who fails to file an amended charge and fails to request an extension and then asks that the appeal compromise his amended charge. more or view all topics or full text.
281511/21/03
A314S State of California (Unemployment Insurance Appeals Board, Department of Industrial Relations and Employment Development Department)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board denied relief from denial of extension of time and refused to accept late-filed appeal where appellant made no showing of “good cause”. Board is precluded from finding good cause if requesting party fails to provide an explanation to excuse a late filing. more or view all topics or full text.
263306405/02/02
1500S State of California (State Personnel Board, et al.)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board refused to consider supplemental documents/new charge filed on appeal for lack of good cause. more or view all topics or full text.
27110/17/02
1549E Banning Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board found good cause to accept charging party’s late-filed amended charge where Board agent initially provided incorrect due date and charging party was on vacation when notified of amended due date. more or view all topics or full text.
2713610/09/03
1552E Los Angeles Unified School District * * * OVERRULED IN PART by Walnut Valley Unified School District (2016) PERB Decision No. 2495
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board declined to consider Bailey’s amended charge because, inter alia, it did not list the District on the proof of service and because it was filed several days late. more or view all topics or full text.
28710/21/03
1539M City of Folsom
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
As Siroky had not worked for the City of Folsom since 1998 but worked for the State of California at the time the alleged protected activity and adverse action occurred (2002), he is not a “public employee” under MMBA sections 3501(c), (d) and 3506 for purposes of this charge. more or view all topics or full text.
279906/26/03
1529E Oakland Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
A late filing of a response that is not served on the charging party will not be considered by the Board in evaluating charging party’s appeal. more or view all topics or full text.
279106/20/03
1541M City of Sacramento
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board found good cause to excuse late filing of amended charge where charging party made a conscientious attempt to timely file amended charge, provided a proof of service signed under penalty of perjury, and was not informed whether or not PERB Regulation 32135 would apply. more or view all topics or full text.
2710606/30/03
1542M International Union of Operating Engineers Local 39 (Irish)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board found good cause to excuse late filing of amended charge where charging party made a conscientious attempt to timely file amended charge, provided a proof of service signed under penalty of perjury, and was not informed whether or not PERB Regulation 32135 would apply. more or view all topics or full text.
2710706/30/03
A328S State of California (Department of Corrections)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board did not find good cause to excuse the State’s late-filed response to Vickers’ appeal. The State’s legal counsel, in the State’s unverified appeal of the administrative determination, did not provide sufficient justification for its late filing. She claims that she received the appeal five days after it was served by mail; however, under the circumstances, that is not an unreasonable time within which to receive documents sent by first class mail. The State’s response was due three weeks later. If the State’s counsel felt she needed more time to respond, she could have requested an extension under PERB Regulation 32132(a). The State’s response was also served by first class mail, further delaying its filing as defined by PERB Regulation 32135(a). more or view all topics or full text.
2713510/01/03
A324E Fontana Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
While requiring proof of service to show service concurrent with filing, PERB Regulation 32140 does not contain a penalty for failure to comply. Therefore, it is within the Board’s discretion to overlook a technical violation of its regulation. The Board excuses defective service because the opposing parties received actual notice of the filing and made no showing of prejudice to their position by the defective service. more or view all topics or full text.
277105/09/03
A326S State of California (Department of Transportation)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Under PERB Regulation 32136, a late filing can only be excused if there is good cause. Good cause is shown by a justification of the late filing that is both reasonable and credible. Good cause is not demonstrated where her filing was over a year late, new evidence is irrelevant and there is no appropriate justification. more or view all topics or full text.
278706/20/03
A318E Los Angeles Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board found good cause where a late filing is the result of “honest error” created by a reasonable misunderstanding in communication between a party and Board staff about the filing deadlines in PERB Regulation 32135 that results in a mailing error. To determine whether good cause exists to excuse a late filing, the Board took into account the fact that Bailey was not represented by counsel at the time she spoke with Board staff to determine the deadline for filing the appeal. Under PERB Regulation 32136, the Board may excuse a late filing for good cause. Additional factors to consider in determining whether good cause exists to excuse a late filing are whether the appeal was mailed on or before the filing deadline and whether the party’s explanation of the delay is reasonable. The Board found that there was no showing of prejudice to the opposing party. The Board found that the untimely filing was a result of honest error by Bailey resulting from misunderstood communications that occurred before she was represented by counsel. more or view all topics or full text.
273102/06/03
A319E Mark Twain Union Elementary School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Relying on Trustees of the California State University (1989) PERB Order No. Ad-192-H, Board excused late filing where declarations establish that one-day late postmark was due to inadvertent error by law firm’s mail service. more or view all topics or full text.
273202/11/03
1484S State of California
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Any claim that charging party was denied access to the Board’s file while appeal was pending before the Board would not alter outcome of case as failure to establish a prima facie case in hearing before ALJ could not be cured through further argument. Argument referencing transcript is not necessary in helping the Board decide what weight to give evidence as all evidence is viewed in the light most favorable to charging party on appeal. more or view all topics or full text.
263307706/06/02
1470H Trustees of the California State University
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
A charging party may not, without good cause, present new evidence or new allegations on appeal. more or view all topics or full text.
263301612/05/01
A311E San Diego Community College District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Request for Judicial Review filed on due date by U.S. Express Mail to the incorrect office by clerical mistake accepted as timely filed as good cause existed to excuse late filing. more or view all topics or full text.
263301511/28/01
A308S State of California (Department of Social Services)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
No good cause to excuse a late filing where party submitted proof of his illness but failed to explain how the illness prevented him from making a conscientious effort to timely file. more or view all topics or full text.
253204703/21/01
A309S State of California
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB regulations provide that a late filing may be excused in the discretion of the Board for good cause. The Board has found good cause exists where a party has demonstrated that a conscientious effort to timely file was made. When the late filing is caused by alleged physical illness, the party still must demonstrate a conscientious effort to timely file. Appealing party did not explaint how his illness prevented him from making a conscientious effort to timely file. more or view all topics or full text.
253208106/19/01
1426E West Contra Costa Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board will not consider new supporting evidence and new charge allegations offered for the first time on appeal because no good cause shown. more or view all topics or full text.
253205004/04/01
1444E California School Employees Association (Garcia)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
New specific charge allegations offered for the first time on appeal dismissed as untimely as falling outside of the six-month statute of limitations contained in EERA. more or view all topics or full text.
253208406/07/01
1418E Peralta Community College District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Failure of Charging Party to keep PERB informed of her current address and to communicate with PERB in an effective and timely manner does not constitute good cause under regulation 32635(b) for PERB to consider new supporting evidence offered for the first time on appeal to the Board. more or view all topics or full text.
253203702/26/01
1403Sa State of California (Department of Youth Authority)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
In reviewing requests for reconsideration, the Board has strictly applied the limited grounds included in the regulation, specifically to avoid the use of the reconsideration process to reargue or relitigate issues which have already been decided. PERB Regulation 32410 is quite specific regarding reconsideration requests based on offers of new evidence. Where charging party states that she received the letters which constitute the purported "new evidence" before the ALJ closed the record yet also states that she did not forward copies of the letters to her exclusive representative until after the administrative record closed, regulation not met because party's own statements establish that the evidence was previously available. more or view all topics or full text.
253202501/26/01
A305H Trustees of the California State University
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board reversed the rejection by the Appeals Assistant of an untimely filed document. The Board found good cause for the late filing pursuant to PERB Regulation 32136, based on the fact that had the document been mailed by certified or express mail on the same day it was mailed by regular first class mail, it would have been accepted as timely. The explanation for the error, set forth in an unrefuted declaration, was not so unreasonable as to be unbelievable and there was no evidence of prejudice resulting from the deficient filing. more or view all topics or full text.
253202212/11/00
1528E Fremont Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Absent good cause, the Board will dismiss as without merit any initial exceptions filed by a prevailing party unless the Board’s ruling on the exceptions would change the outcome of the ALJ decision. One of the duties of the Board is to decide disputes on matters within its jurisdiction. (EERA sec. 3541.3.) However, this duty does not require the Board to correct harmless errors in a nonprecedential ALJ decision. more or view all topics or full text.
278605/28/03
A312E Hart District Teachers Association (Mercado and Bloch)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
A response to request for reconsideration mailed regular mail rather than certified or express was filed one day late and thus untimely. Request to review decision of untimely filing is moot as result of denial of request for reconsideration. more or view all topics or full text.
263302512/04/01
A313E Compton Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Request to accept late filed appeal denied where charging party offered no evidence that she made a conscientious effort to comply with filing deadline. Request for information under EERA did not toll appeal timelines nor provide a good cause basis to excuse late filed appeal. more or view all topics or full text.
263303501/31/02
A296S State of California (State Teachers Retirement System) (Ramirez)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation 32136 provides that a late filing may be excused in the discretion of the Board for good cause only. Good cause does not exist. The appeals assistant denied charging party's third request for extension of time and informed charging party's attorney that the final due date, seven days later, would not be changed. The excuses offered were that (1) the attorney was ill and unable to come to the office several days prior to the deadline; and (2) the attorney's office had unspecified computer problems and the exceptions were filed three days late. more or view all topics or full text.
233013707/22/99
A297S State of California (State Teachers Retirement System) (Ramirez)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation 32136 provides that a late filing may be excused in the discretion of the Board for good cause only. A late filing which has been excused becomes timely filing under these regulations. Where appeals assistant denied charging party's third request for extension of time and informed charging party's attorney that the final due date, seven days later, would not be changed, good cause was not found to excuse exceptions filed three days late. The excuses offered were that (1) the attorney was ill and unable to come to the office several days prior to the deadline; and (2) the attorney's office had unspecified computer problems. more or view all topics or full text.
07/22/99
A299S California State Employees Association (Hutchinson)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Where a party provides no justification for his or her late filing, referring only to a general desire on her part to "give the Board as full and complete picture as possible," the Board is precluded from finding that good cause exists; p. 3. more or view all topics or full text.
243100010/14/99
A286S State of California (Department of Forestry and Fire Protection)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Where CDFF made a conscious effort to timely file its response to exceptions, but used an overnight delivery service not specified in PERB Regulation 32135, good cause exists to excuse the late filing. (PERB Regulation 32136; Barstow Unified School District (1996) PERB Order No. Ad-277. more or view all topics or full text.
222904001/15/98
A287S State of California (Department of Corrections) (Horspool)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Where R. Horspool's assertion that he filed his appeal by priority mail on November 18, 1997, and the appeal was filed at PERB headquarters on November 25, 1997, and postmarked November 21, 1997, good cause does not exist to excuse his late filing. Similarly, good cause does not exist to excuse the late filing when R. Horspool claims he did not understand the deadlines, when the Board Agent's dismissal letter clearly outlines the appeal-filing procedures. (Los Angeles Unified School District (1993) PERB Order No. Ad-247.) more or view all topics or full text.
222905101/29/98
A288H Regents of the University of California and University of California Association of Interns and Residents (California Association of Interns and Residents)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Employer's request for stay of proceedings alleging that an internal union dispute creates issue of which faction represents the union in the proceedings is denied; p. 2. more or view all topics or full text.
222907003/24/98
A289E United Faculty Association of North Orange County Community College District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Charging party timely filed exceptions which contained errors due to illness. Her corrections were untimely filed and her illness did not demonstrate good cause to excuse the late filing; p. 3. more or view all topics or full text.
222911006/18/98
A294S State of California (Water Resources Control Board) (Professional Engineers in California Government)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Where party's attorney either failed to read or misread PERB's regulations to permit filing by regular first class mail on last day set for filing, Board found no good cause to excuse late filing; pp. 5-6. more or view all topics or full text.
233009804/14/99
A292E Coachella Valley Unified School District (Kok)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation 32136 states that a late filing may be excused in the discretion of the Board for good cause only; p. 3. An unspecific reference to "postal or clerical delay" is not justification for the lateness for a filing and will not support a Board finding of good cause for excusing a delay in filing; p. 3. more or view all topics or full text.
233002412/11/98
A281E Bakersfield Elementary Teachers Association (Guerra)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
No good cause to excuse late-filed appeal of Board agent's dismissal where Charging Party did not request extension of time, provided no reasonable explanation for failing to do so, provided no indication of a conscientious effort to meet deadline, provided only passing reference to family death and to the interference of holiday and work schedules, and provided no specific evidence explaining how these pressures prevented him from timely filing his appeal; p. 3. more or view all topics or full text.
212807404/11/97
A282S State of California (Department of Insurance) and California State Employees Association (Nylander-McGuire)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation 32136 precludes the Board from finding good cause to excuse a late filing when the party fails to provide any explanation for the untimeliness; p. 2. Documents filed after the due date for an appeal, are untimely; p. 2. more or view all topics or full text.
212809305/06/97
A283E Los Angeles Unified School District (Jackson)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Where a party fails to provide any explanation for filing documents late, only that she had "inadequate time to prepare," the Board is precluded from finding good cause; pp. 2-3. more or view all topics or full text.
212810005/15/97
A284E San Jose Community College Faculty Association (Maestas-Flores)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Good cause existed to excuse a late filing when party made conscientious effort to timely file but sent response to wrong office by honest mistake and unforeseeable mail delay contributed to lateness (p. 3; citing North Orange County Regional Occupational Program (1990) PERB Decision No. 807. more or view all topics or full text.
212810205/30/97
A271H California Faculty Association (Gregg)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
32136. Where a party fails to provide any explanation for filing documents late, the Board is precluded from finding that good cause exists; p. 2. more or view all topics or full text.
202701812/15/95
A272E Los Angeles Unified School District (Robinson)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
An adminstrative appeal which fails to comply with PERB Regulation 32360(c) because it does not state the grounds for appeal will be dismissed; p. 4. more or view all topics or full text.
202703001/19/96
A273E United Teachers of Los Angeles (Robinson)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
An administrative appeal which fails to comply with PERB Regulation 32360(c) because it does not state the grounds for appeal will be dismissed; p. 4. more or view all topics or full text.
202703101/19/96
A274E North Monterey County Unified School District (Bueno)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board found no good cause existed to excuse a late filing when charging party did not request and extension of time, provided no explanation for failure to do so, provided no indication of a conscientious effort to meet deadline, provided only a brief reference to family illness that occurred prior to the filing deadline and offered no specific information as to how the illness prevented a timely filing. more or view all topics or full text.
202708604/29/96
A275S State of California (Department of Youth Authority) (Janowicz)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Under PERB Regulation 32136, if excuse for late filing is reasonable and credible, the Board will then focus on whether permitting a late filing would be prejudicial to the opposing party; good cause not found where charging party waited one year to file until he received a ruling from another forum involving different statutes, the merits of the case were considered in Superior Court, and Board dismissed complaint based on collateral estoppel, since to allow late filing would be unduly burdensome on the other party; p. 5. more or view all topics or full text.
202710105/22/96
A276S California State Employees Association (Janowicz)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Under PERB Regulation 32136, if excuse for late filing is reasonable and credible, the Board will then focus on whether permitting a late filing would be prejudicial to the opposing party; good cause not found where charging party waited one year to file until he received a ruling from another forum involving different statutes, the merits of the case were considered by ALJ and Board and Board denied reconsideration since to allow late filing would be unduly burdensome on the other party; pp. 5-6. more or view all topics or full text.
202710305/31/96
A277E Barstow Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board found that good cause existed to excuse a late filing under Reg. 32136 when excuse offered was reasonable and credible (use of computerized document to create another document led to filing being inadvertently sent to wrong office) and other party made no claim to have been prejudiced by the late filing, and Board found no prejudice; pp. 4-5. more or view all topics or full text.
202710806/12/96
A264S California Union of Safety Employees (John)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Mere workload and holiday schedules do not constitute good cause to excuse a late filing under Regulation 32136; p. 4. more or view all topics or full text.
192604801/26/95
A266S State of California (Department of Personnel Administration) (Rabisa)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Mere allegations of working only part-time on labor matters plus a busy regular work schedule in connection with the late filing of a one page appeal does not constitute good cause as required by Reg. 32136. more or view all topics or full text.
192605002/17/95
A267S State of California (Department of Personnel Administration) (Fox)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Late filing (one day) will not be excused because good cause is not demonstrated by failure of Board agent to serve dismissal on person "assisting" charging party. Person had not filed a written notice of appearance with Board agent. more or view all topics or full text.
192606103/21/95
A268E Los Angeles Unified School District (California School Employees Association)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The three-day filing requirement to request an extension of time permits PERB to determine whether good cause exists before the final filing deadline. If the request is found to be without good cause, sufficient time may remain for the requesting party to make a proper filing; p. 3. The attorney was aware of the scheduled surgery well before the deadline to file an extension request. The attorney's failure to plan ahead and timely file the request for an extension of time does not constitute good cause; p. 4. more or view all topics or full text.
192610105/24/95
A259S State of California (Department of Corrections) (California Correctional Peace Officers Association)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board found good cause to excuse the late filing by one day caused by an inadvertent error of the U.S. Postal Service; p. 4. more or view all topics or full text.
182511208/08/94
A260S State of California (Department of Parks and Recreation) (Kalko and Ruger)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation 32646(b) provides that a party wishing to appeal an ALJ's denial of a motion to dismiss based on deferral to arbitration may appeal to the Board under PERB Regulation 32635. That regulation provides that such appeal must be filed within 20 days of the date of the denial of the dismissal. Party's appeal was well outside the 20-day limit; p. 4. more or view all topics or full text.
182512508/31/94
A248E Fremont Union High School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board will not consider additional filings made after the filing deadline absent a request by the filing party for leave of the Board and a showing of good cause; p. 2, fn. 2. more or view all topics or full text.
172416509/24/93
A250E Los Angeles Unified School District (Busdrivers Association/Service Employees International Union)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Failure to serve opposing parties required by Regulations 32140 and 32360(b) at the same time an appeal is filed does not require dismissal of the appeal where the deficiency was cured and neither opposing party showed prejudice due to late service. more or view all topics or full text.
182501211/22/93
A253E California School Employees Association (Ruiz)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Given the Board's prior flexibility on several deadlines, the deficiencies in the charging party's request for an extension, and the open-ended request to put the case on hold for a few months, the Board concluded that good cause did not exist to grant the request for an extension of time to file an appeal of a dismissal of an unfair practice charge; p. 4. more or view all topics or full text.
182507405/05/94
A243H Regents of the University of California (Ray)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Failure of party to provide a reason for late filing precludes the Board from finding good cause. When the time to file a document falls on Sunday the document is due on Monday. more or view all topics or full text.
172408704/27/93
A245S California State Employees Association (Rebosura)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Charging party has not provided adequate explanation of her failure to comply with the filing deadline. Therefore, good cause does not exist to excuse the late filing of the request for an extension of time; p. 2. more or view all topics or full text.
172409005/05/93
A247E Los Angeles Unified School District (Service Employees International Union Local 99)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Although inadvertent clerical errors constitute good cause, the failure of an attorney to review PERB filing deadlines, resulting in no attempt to file prior to the deadline, can not be considered good cause to excuse a late filing; p. 3. more or view all topics or full text.
172415009/03/93
A233E California School Employees Association (Simeral)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board found good cause to excuse the late filing of a request for reconsideration which was mailed well before the filing deadline, but was inadvertently misaddressed; p. 5. more or view all topics or full text.
162314209/08/92
A234E Pasadena Community College District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
For good cause to be found, a party's late filing of a request for an extension of time should be based on circumstances that are unanticipated and beyond the party's control; p. 6. Given the unsubstantiated assertion that a response was filed but was misdirected, and that the need to request an extension should have been anticipated prior to the deadline, good cause does not exist to excuse the late filing; p. 6. more or view all topics or full text.
162316210/21/92
A235E Saddleback Community College District (Goffredo)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Upon denying motion to reopen record the Board gave party 14 days to file exceptions. The time was based upon party's time remaining to file exceptions at time motion was filed. more or view all topics or full text.
162316710/27/92
0717 Klamath-Trinity Joint Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Late filing excused where delay was brief and errors were due to inadvertance, opposing parties demonstrated no prejudice resulting from the deficiency in the filing. more or view all topics or full text.
172403601/29/93
A239H Regents of the University of California (Los Angeles Medical Center)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
No good cause shown to excuse late filing; p. 1. more or view all topics or full text.
172406203/19/93
A228E Los Angeles Unified School District (Woods)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
No good cause to excuse late filing when letter postmarked three days after date set for filing. Nature of disability or health concerns not documented; no good cause demonstrated as party had been previously made aware of PERB's regulations concerning the filing of exceptions; p. 3. more or view all topics or full text.
162301501/07/92
A229E Riverside Community College District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board will not review a new allegation under regulation 32635 unless good cause is shown. more or view all topics or full text.
162304602/27/92
A230E Sonoma County Office of Education
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Although an explanation was provided for the misdirection of the documents, appellant failed to offer any explanation for its failure to timely file its exceptions. The Board is, therefore, precluded from finding that good cause exists to excuse the late filing; p. 5. more or view all topics or full text.
162305703/23/92
A217E Calipatria Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Where regulations clearly specify the time, place and method for filing appeals, CCP section 1013 does not create an alternate method of filing; pp. 7, 10. A late filing will not be excused where there is no attempt to file in accordance with the regulations - certain clerical error have been excused under the good cause standard; p. 11. Where the problem is not complex or debatable and the law is settled, a mistake of law will not excuse a late filing; p. 13. Lack of prejudice to the opposing party will not, by itself, excuse a late filing. An attorney's desire to avoid unnecessary expenses associated with standard filing requirements does not excuse a late filing; p. 13 more or view all topics or full text.
142121211/07/90
A218E California School Employees Association (Gilligan)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Where the Board granted charging party's request for extension of time in which to file an appeal, and charging party failed to file her appeal within the new deadline, the Board found no good cause to excuse the untimely filing. more or view all topics or full text.
152200112/07/90
A202H Regents of the University of California (Davis, Los Angeles, Santa Barbara and San Diego) (Flacks, et al.)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Regulation 32136. Late filing excused where a filing would have been timely had document been mailed by certified or express mail, where attorney's explanation for late filing was not implausible, and where opposing party demonstrated no prejudice resulting from the deficiency in the filing; pp. 2-3. more or view all topics or full text.
142103212/29/89
A188E Coronado Unified School District (Goodman)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Absent extraordinary circumstances, Board will not excuse failure to timely serve appeal on opposing party; pp. 3-6. General assertion of unavailability of counsel insufficient to demonstrate good cause for extension of time; pp. 6-7. more or view all topics or full text.
132014406/27/89
A192H California State University (Statewide University Police Association)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Good cause found where late filing of exceptions was due to error in setting postage meter and no prejudice to opposing party was shown; pp. 4-5. more or view all topics or full text.
132018409/11/89
A197H Regents of the University of California (Davis, Los Angeles, Santa Barbara and San Diego) (Flacks, et al.)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board denied party's request for second extension of time in which to file exceptions. more or view all topics or full text.
132022210/26/89
A170E Alhambra City and High School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Attorney's misimpression that the time for filing an appeal had already passed does not constitute extraordinary circumstances to excuse late filing; p. 2. more or view all topics or full text.
121910706/20/88
A167E Los Angeles City and County School Employees Union (Kimmett)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
As appeal consisted solely of submission of copy of financial report form originally submitted to PERB, Board rejected appeal of dismissal of financial statement complaint for failure to comply with PERB Regulation 32125(a); p. 3. It is a well-established principle that Board will consider on appeal only those issues properly raised; p. 4. Board will not consider any findings which are specifically excepted to in an appeal of a proposed decision of a PERB hearing officer or administrative law judge; p. 5. more or view all topics or full text.
12/18/87
A168S California Correctional Peace Officers Association (Ford)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board denied request for special permission to appeal motion for disqualification of administrative law judge as granting such interlocutory review would not effectuate the purposes of the Act; p. 3. Where special permission to appeal ALJ's refusal to disqualify himself is denied, the moving party may reassert its arguments in its exceptions to the ALJ's proposed decision; p. 2. more or view all topics or full text.
121906204/21/88
A158Ea Alum Rock Union Elementary School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
While all members of the Board have the right to participate in any case before it, a party may not require participation by a full Board; p. 3. more or view all topics or full text.
111801812/30/86
A154E Lake Elsinore School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board finds exceptions to be timely filed based on the five-day extension mandated by C.C.P. section 1013. In making this finding, Board overrules Lincoln U.S.D. (1978) PERB Order No. Ad-35, which held that C.C.P. section 1013 did not apply to PERB; pp. 405. PERB's regulations establish that the appeal period runs from the date of service of the proposed decision, then C.C.P. section 1013 applies if services occurs by mail; p. 6. more or view all topics or full text.
101711706/12/86
A155E Los Angeles Unified School District (Wightman)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
As PERB Regulation 32140(b) was repealed and declared invalid by the Board in Lake Elsinore S.D. (1986) PERB Order No. Ad-154, Board extended time for filing exceptions and accepted charging party's exceptions as timely filed; p. 4. more or view all topics or full text.
101712206/24/86
A157E Fontana Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Mail delays generally do not constitute extraordinary circumstances; p. 5. By waiting to mail, by regular mail, its appeal until the day before a long holiday weekend, the Association took the obvious risk that its appeal would not arrive in a timely fashion. Board found no extraordinary circumstances which would excuse the untimely filing; pp. 5-6. more or view all topics or full text.
101714607/31/86
A157Ea Fontana Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Pursuant to remand from Court of Appeal, Board ordered the executive director to accept as timely filed, the Association's appeal of the Board agent's dismissal of its decertification petition; p. 2. more or view all topics or full text.
111818811/06/87
A146S State of California (Department of Personnel Administration) (Communications Workers of America and California Association of Psychiatric Technicians)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Appeal of regional director's determination of proof of support must be filed within 10 days of service. Later filed appeal dismissed as untimely. more or view all topics or full text.
91614906/14/85
A147E Alum Rock School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Extraordinary circumstances are demonstrated to excuse late filing when attorney placed certified letter into the mail at the main post office prior to midnight on day of filing deadline. A mail delay resulting in an unexpected postmarking is an extraordinary circumstance. more or view all topics or full text.
91618108/06/85
A149E Wheatland School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
No extraordinary circumstances found in failure of a usually reliable courier service to pick up mail when its truck broke down and then later when currier service forgot to mail appeal on next day. Failure to secure timely postmark was due to negligence of charging party's agent for which charging party is liable. more or view all topics or full text.
101700311/26/85
A137S State of California (Department of Developmental Services) (Monsoor)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Untimely request for reconsideration is denied. Charging party's failure to carefully read decision at time of its issuance does not constitute "extraordinary circumstances" when he later discovered decision was adverse to him. more or view all topics or full text.
71415305/17/83
A143E Modesto City Schools and High School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Response to exceptions is denied as untimely without explanation. more or view all topics or full text.
81518810/12/84
A144S State of California (Franchise Tax Board) (Heyburn)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Charging party's request is denied for extension of time for filing exceptions. There is no reason to believe decision of Worker's Compensation Appeals Board will assist in charging party's exceptions to proposed decision of ALJ. more or view all topics or full text.
81522111/16/84
A118E Los Angeles City and County School Employees Union (Lewis)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Response filed more than 20 days after dismissal of charge was untimely. Charging Party's need to secure an attorney does not excuse the late filing. more or view all topics or full text.
61300011/25/81
A120E Atascadero Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Response filed more than 20 days after dismissal of charge was untimely. No showing of extraordinary circumstances to justify the late filing. more or view all topics or full text.
61301212/16/81
A098E Santa Clara County Superintendent of Schools, Office of the
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Dismissal of exceptions as untimely filed upheld where no extraordinary circumstances demonstrated as required by PERB Regulation 32133 to excuse late filing. more or view all topics or full text.
09/17/80
A099H Phase II Professional and Operations Hearings (Higher Education Employer-Employee Relations Act-University of California)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Dismissal of response to an administrative appeal of a showing of interest determination as untimely upheld where no extraordinary circumstances demonstrated as required by PERB Regulation 32133 to excuse late filing; p. 4. more or view all topics or full text.
41117309/29/80
A105E San Bernardino City Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Reliance upon advice of PERB executive secretary constitutes extraordinary circumstances to justify late filing of request for extension. more or view all topics or full text.
51201612/31/80
A109S State of California (Franchise Tax Board) (Association of California State Attorneys and Hearing Officers)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Filing of exceptions at the PERB's Los Angeles office does not meet the requirements for timely filing. Under the rule, the filing must be at the Headquarters office, not in a regional office. Vacated by Court Order. more or view all topics or full text.
51205705/13/81
A112E Palo Alto Unified School District (Fein)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Filing of a response to an appeal at the PERB's San Francisco office does not meet the requirements for timely filing. Under the rule, the filing must be at the Headquarters office, not in a regional office. more or view all topics or full text.
08/11/81
A083E Redondo Beach City School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Where District asserts that its request for PERB to join it in seeking judicial review of unit determination was untimely filed due to modification of PERB order determining appropriate unit, late filing not excused under extraordinary circumstance standard of prior PERB Regulation 32133, now Regulation 32136, where the modification of the Board order did not bear on any substantative issue under consideration; time for filing an appeal of unit determination runs from the service date of Board's original order under PERB Regulation 32500; pp. 3-4. more or view all topics or full text.
41105704/01/80
A056E Fremont Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation 32320 provides that Board may affirm, modify or reverse a proposed decision, order the record reopened for taking of further evidence or take such other action as it considers proper; case is remanded to general counsel where two versions of proposed decision issued and Board is unsure which version represents hearing officer's intent; general counsel instructed to assign to hearing officer with a direction for him to make a determination as to which is correct version and serve parties with notice thereof; parties to have 10 additional days from notice to file additional exceptions to proposed decision; pp. 1-2. more or view all topics or full text.
01/31/79
A052S State of California (California State Communications Association)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Unit determination properly dismissed where employee organization failed to file its petition in a timely manner as required by PERB Regulation 41010(a); employee organization failed to demonstrate extraordinary circumstances as required by PERB Regulation 32133 to excuse late filing; pp. 2-3. PERB Regulation 32133 provides that a late filing may be excused by the Board if extraordinary circumstances are demonstrated which prevented a timely filing; rule applies to both SEERA and EERA; test is whether party demonstrates circumstances which were out of the ordinary, remarkable, unpredictable or far exceeding the usual circumstances preventing a timely filing; p. 3. more or view all topics or full text.
31001001/02/79
A055E Sacramento City Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation 32133 states that late filing may be excused in the discretion of the Board only under extraordinary circumstances; executive assistant's rejection of Response to Exceptions which was untimely filed affirmed, where proffered justification for late filing was secretary's mistake as to proper due date and illness of secretary; p. 2. more or view all topics or full text.
31002801/29/79
A045E Folsom-Cordova Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board dismissed appeal of order to conduct election where although order was ambiguously worded as to time deadline for filing appeal, and appeal was arguably timely filed, regional director had ordered election to proceed and issues in appeal can be addressed through party's filing of objections to election; p. 4. more or view all topics or full text.
2218009/06/78
A025E Glendale Unified School District and Glendale Community College District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Exceptions filed one day late are rejected as untimely. (Note: this case was decided under prior Board rule and is of doubtful precedential value.) more or view all topics or full text.
2205502/01/78
A027E Anaheim Union High School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Appeal of administrative determination was untimely filed when received one day late. Postal delays are no excuse. (Note: This case was decided under prior Board rule and is of doubtful precedential value.) more or view all topics or full text.
2206203/16/78
A028E Fremont Unified School District/John Swett Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Typographical error in regional director's letter dismissing filing caused appellant to have incorrect notice of proper date of filing. Late filing was therefore excused. more or view all topics or full text.
2207704/05/78
A029E Chula Vista City School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Failure of a temporary secretary employed by attorney to mail exceptions to the Board's Sacramento Office and to deliver them to Los Angeles Regional Office is excusable neglect. Excusable neglect is grounds to waive the time requirements and a failure to do so is an abuse of the Board's discretion. more or view all topics or full text.
2208504/04/78
A032E Monterey Peninsula Community College District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Exceptions received one day late due to postal delays are untimely. It is common knowledge that delays in deliveries by the post office are not unusual and it is neither reasonable nor excusable to assume that delivery between San Francisco and Sacramento will be made within two days. (Note: This case was decided under prior Board rule and is of doubtful precedential value.) more or view all topics or full text.
2210105/16/78
A035E Lincoln Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Confusion of counsel for the employer about the difference in the meaning between "service" and "filing" in Board regulations is not grounds for excusing late filing. more or view all topics or full text.
2211405/30/78
A039E Redding Elementary School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Application of prior Board rules 32130 and 33380 do not result in a grace period of one day for the filing of exceptions. Late filing of one day is rejected. (Note: This case was decided under prior Board rule and is of doubtful precedential value.) more or view all topics or full text.
2212706/21/78
A042E Anaheim Union High School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Exceptions received by the Board one day after the filing deadline are rejected as late. Exceptions were mailed three days before the filing deadline but arrived one day after. No showing of extraordinary circumstances. Mail delays are ordinary, commonly accepted occurrences. (Note: This case was decided under prior PERB regulations and is of doubtful precedential value.) more or view all topics or full text.
2214807/17/78
A014E Los Angeles Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Extension of time to file exceptions denied; p. 1. more or view all topics or full text.
143209/29/77
A015E Folsom-Cordova Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Appeal of dismissal rejected as untimely filed; p. 1, admin. determination. more or view all topics or full text.
144707/07/77
A019E Los Angeles Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Exceptions to proposed decision rejected as untimely filed; p. 1, admin. determination. more or view all topics or full text.
158811/08/77
A020E Oceanside Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Section 3546(a) requires that results of organizational security election issue on basis of majority of those voting, despite provision in CBA for 67% vote; p. 1. more or view all topics or full text.
2200812/21/77
1282E Southwestern Community College District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
32635 - Board finds no good cause to admit new evidence presented for the first time on appeal where Board agent requested said evidence during investigation of the charge and charging party presented no justification, whatsoever, for its failure to provide the evidence to the Board agent; p. 2, fn. 2. more or view all topics or full text.
222915309/03/98
1271H Regents of the University of California (Federated University Police Officer’s Association)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Alleged newly discovered evidence or new allegations will not be considered on appeal without its proponent showing good cause for the Board to consider it for the first time on appeal. The charging party should have amended its charge and presented this information to the Board agent. (PERB Regulation 32635(b).); p. 2. more or view all topics or full text.
222911406/30/98
1259E Fall River Joint Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Filing party gets 5 extra days under Reg. 32130(c). more or view all topics or full text.
222908204/08/98
1259Ea Fall River Joint Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board reviews the record of cases before it de novo and may review issues that have not been raised in a party's exceptions when it deems it appropriate to do so; p. 5. more or view all topics or full text.
222910806/18/98
1239H Regents of the University of California (Harris)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
To present additional evidence after the filings are complete on appeal, party must show good cause. (PERB Reg. 32635(b).) When the information presented involved recent events and could not have been offered earlier, good cause is shown. (Santa Clarita Community College District (1996) PERB Decision No. 1178; Regents of the University of California (1994) PERB Decision No. 1058-H.) While the information submitted met the good cause requirement and was relevant to the unfair practice charge, it did not alter the outcome of the case. more or view all topics or full text.
222902712/04/97
1203S State of California (Prison Industry Authority)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
If charging party does not correct misinterpretations expressed in the warning letter, it cannot do so on appeal. If they are raised on appeal, they will be treated as "new charge allegations" and not considered by the Board unless good cause for submitting the allegations for the first time on appeal is shown. more or view all topics or full text.
212811506/18/97
1205S State of California (Department of Health Services)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Regulation 32635(b); If charging party offers new evidence for the first time on appeal, it will not be considered by the Board unless good cause is shown. more or view all topics or full text.
212811706/19/97
1189H Regents of the University of California (Woods, et al.)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Regs. 32635: Board refuses to consider documents presented for the first time on appeal where party fails to provide good cause why evidence could not have been presented during the Board agent's investigation; p. 2, fn. 3. more or view all topics or full text.
212806603/19/97
1178E Santa Clarita Community College District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Regs. 32635: Board refuses to consider document presented for the first time on appeal where party fails to provide good cause why evidence could not have been presented during Board agent's investigation; p. 2, fn. 2. more or view all topics or full text.
212801812/04/96
1150S State of California (Department of Developmental Services) (International Union of Operating Engineers)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
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
1133Ea Los Rios College Federation of Teachers (Deglow)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
When employer announced event prior to the original hearing, employee could have reasonably discovered evidence of the event through a conscientious effort and good cause is not established to excuse the late filing under PERB Regulation 32136; p. 6. more or view all topics or full text.
212809705/14/97
1120E Morgan Hill Unified School District (Caviglia)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The requirements of Regulation 32635 are not satisfied by the restatement of claims previously dismissed. Failure to meet the regulation's requirements mandates dismissal of the appeal. more or view all topics or full text.
192614810/13/95
1123E Lodi Education Association (Casey)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Charging party failed to demonstrate good cause to accept a late filed supplement to her original appeal. Therefore, the Board declined to consider the late filed supplemental appeal; p. 3. more or view all topics or full text.
202700511/08/95
1124E Lodi Education Association (Hudock)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Charging party failed to demonstrate good cause to accept a late filed supplement to her original appeal. Therefore, the Board declined to consider the late filed supplemental appeal; p. 3. more or view all topics or full text.
202700611/08/95
1109E American Federation of Teachers College Guild, Local 1521 (Saxton)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
32135. Those portions of the appeal that don't comply with this regulation were not considered by the Board. more or view all topics or full text.
192610305/31/95
1111E Los Rios College Federation of Teachers (Sander)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board does not consider charging parties' exception because they fail to comply with PERB Regulation 32300; p. 4. more or view all topics or full text.
192611107/21/95
1111Ea Los Rios College Federation of Teachers (Sander, et al.)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
When employer announced event prior to the original hearing, employee could have reasonably discovered evidence of the event through a conscientious effort and good cause is not established to excuse the late filing under PERB Regulation 32136; p. 10. more or view all topics or full text.
212809805/14/97
1089E California School Employees Association (Hare)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
One-sentence appeal of partial dismissal fails to comply with PERB Regulation 32635 because it: (1) merely restates the charging party's argument that was considered by the Board agent and discussed in the dismissal letter; and (2) does not identify which portions of the dismissal are being challenged; and (3) fails to state the grounds on which reversal would be justified; p. 5. more or view all topics or full text.
192606703/13/95
1080S State of California (Department of Youth Authority) (Janowicz)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board does not consider exceptions which do not comply with PERB Regulation 32300. more or view all topics or full text.
192603801/12/95
1081E San Francisco Community College District (Leptich)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Charging party failed to demonstrate that an untimely amendment of a charge should be excused for good cause under PERB Regulation 32136; p. 2. Filing a charge with the NLRB does not constitute a filing with this Board as to make amended charge timely; p. 2. more or view all topics or full text.
192604001/12/95
1060E Los Angeles Community College District (Mrvichin)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
In cases where PERB jurisdiction is in question, the issue can be considered at any stage, and in the absence of an abuse of process, the Board is duty bound to make inquiry. Thus good cause under reg. 32635(b) need not be demonstrated; p. 7. more or view all topics or full text.
182515010/05/94
1048E Los Rios Community College District (Deglow)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board declined to consider the charging party's supplemental brief which was filed after the filing deadline; p. 22, fn. 2. more or view all topics or full text.
182509806/01/94
1030E San Mateo County Community College District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Although the Board agrees that the District's statement of exceptions could have been better defined with clearer references made to the record, the Board found the District's brief to be in substantial compliance with PERB Regulation 32300; p. 11. more or view all topics or full text.
182502712/28/93
1008E California School Employees Association (Watts)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Reg. 32635 requirement that unless good cause is shown, a party may not raise on appeal new charge allegations or new supporting evidence is extended to appeals of dismissals of public notice complaints. more or view all topics or full text.
172413508/09/93
1012S California State Employees Association (Hackett)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Charging party provided no explanation which would constitute good cause to allow the Board to consider the new evidence offered on appeal; p. 2. more or view all topics or full text.
172415109/08/93
0959S California State Employees Association (Finch)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Pursuant to PERB Regulation 32635, Board did not consider facts raised for first time on appeal; p. 2. more or view all topics or full text.
172400211/20/92
0961H University of California, Los Angeles (Wack)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Good cause existed to excuse late filing of response where (1) appeal was not docketed or calendared according to normal office procedures; (2) Board had not ruled on appeal; and (3) there was no prejudice to charging party; p. 2. more or view all topics or full text.
172401711/24/92
0910H California State University, San Francisco
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Only evidence of record may be considered on appeal before the Board itself. PERB Regulation 32300(b). Testimonial and documentary evidence sought to be entered into the record for the first time on appeal before the Board will not be considered. more or view all topics or full text.
152217811/18/91
0908E Los Angeles Community College District (Watts)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
No good cause to excuse late filing where incorrect address used and document was sent by regular U.S. mail one day before the final filing date. Even if correct address was used, document would have failed to arrive at PERB on the last day set for filing; p. 7. more or view all topics or full text.
152216910/24/91
0875E Los Rios Community College District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
As PERB Regulation 32635 only provides for the filing of an appeal and a statement in opposition to an appeal, Board did not consider charging parties' additional and supplemental statements in reaching its decision; p. 13. more or view all topics or full text.
152208105/14/91
0874E Los Angeles Unified School District (Woods)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board excused the one-day late filing for good cause; and, because the District responded to charging party's statement of exceptions, the Board had the opportunity to consider both parties' arguments. more or view all topics or full text.
152206904/10/91
0870E United Teachers Los Angeles (Malin)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Charging party's allegations of causal connection between the union's actions and his protected activity will not be considered when raised for the first time on appeal; p. 2. more or view all topics or full text.
152205303/01/91
0856E Elk Grove Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Where the only charging party with standing to appeal dismissal of 3543.5(c) violation does not appeal, the Board may have discretion to examine the propriety of the dismissal, but here there is no compelling interest for Board to review dismissal of that portion of the charge; p. 6. more or view all topics or full text.
152200912/17/90
0856Ea Elk Grove Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Although Association intended to join in the appeal, a review of the facts of the appeal do not support this theory. more or view all topics or full text.
152205903/06/91
0836E Temecula Valley Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Charging party failed to comply with PERB Regulation 32300 which requires party filing exceptions to proposed decision to comply with specific guidelines. Here, charging party failed to support exceptions with references to record. more or view all topics or full text.
142117109/07/90
0835E Los Angeles Unified School District (Association of Public School Supervisory Employees)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
At party's invitation, Board disregards appeal of untimely filing of response to appeal of dismissal, as Board rejects appeal of dismissal on its merits; p. 2. more or view all topics or full text.
142117008/30/90
0830E South San Francisco Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Unless good cause is shown, a charging party may not present on appeal of a dismissal new charge allegations or new supporting evidence; pp. 4-6. more or view all topics or full text.
142115107/26/90
0807E North Orange County Regional Occupational Program
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Good cause shown to excuse late filing where exceptions mistakenly filed before deadline but in wrong office and where no prejudice to opposing party; pp. 4-5. more or view all topics or full text.
142110605/15/90
0801E Kings County Office of Education
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Reference shall be made in the exceptions only to matters contained in the record of the case. more or view all topics or full text.
142108103/29/90
0785E Los Angeles Unified School District (Mindel)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Dismissal affirmed for failure to meet requirements in regulation 32300. more or view all topics or full text.
142103012/29/89
0757E Ventura Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Response to appeal sent by regular mail on last day for filing and not considered. more or view all topics or full text.
132018109/01/89
0738E United Teachers - Los Angeles (Abboud, et al.)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Request for affirmance of Board agent's dismissal by filing exceptions without stating the issues as to which appeal is taken resulted in dismissal by the Board itself; p. 2. more or view all topics or full text.
132012006/08/89
0726H California State Employees Association (O'Connell)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Failure to specify the issues or otherwise provide the Board with enough information to rule on the appeal will result in the Board's affirmance of the ALJ's dismissal; p. 3. more or view all topics or full text.
132006603/21/89
0716H Regents of the University of California (Waters)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Pursuant to PERB Regulation 32300, Board found that respondent had standing to except to a Statement of Reasons for Dismissal of Complaint. more or view all topics or full text.
132002812/30/88
0554E Morgan Hill Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board will not consider sua sponte a potential affirmative defense which was not raised by the respondent nor addressed by the ALJ; the Board will raise an issue sua sponte only if necessary to correct a serious mistake of law. more or view all topics or full text.
101703212/27/85
A360E San Francisco Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Appeals from Board decisions must be filed within twenty days from the service of dismissal. Gillead’s appeal was not timely filed. He had not requested an extension of time as set forth in PERB Regulation 32132 nor did Gillead provide any information in his appeal that would demonstrate good cause for the late filing. The Board, therefore, did not excuse the late filing and denied his appeal. more or view all topics or full text.
318604/10/07
2486M Service Employees International Union, United Healthcare Workers West (Lacey)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Exceptions asserting factual errors in a proposed decision must state how the error affected the outcome. Where, even assuming the facts were as alleged by party filing exceptions, it would not alter the result, Board will deny the exception. more or view all topics or full text.
412406/30/16
A355H Trustees of the California State University (San Diego)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Pursuant to PERB Regulation 32136, the Board may, in its discretion, excuse late filings upon a showing of good cause. Good cause may be found when the explanation was “reasonable and credible.” Good cause may also be found for “honest mistakes” such as mailing or clerical errors. Additionally, good cause exists only when the party made a conscientious effort to timely file and the delay did not cause prejudice to any party. more or view all topics or full text.
3014908/09/06
A357E Victor Valley Community College District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board granted the Victor Valley College Association’s request to withdraw its unfair practice charge and vacate the decision issued by the Administrative Law Judge because the parties settled their disputes. more or view all topics or full text.
31911/08/06
1950M IBEW Local 1245 (Neronha)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Charging party failed to comply with PERB Regulation 32635. Charging party failed to explain how a fact or argument demonstrated a deficiency in the Board agent’s dismissal and how facts not included in the Board agent’s warning letter would cure the statute of limitations issue. more or view all topics or full text.
326203/28/08
1757M County of Colusa
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
To raise an issue for the first time on appeal is a violation of PERB Regulation section 32635(b) which requires a showing of good cause to include a new charge or new supporting evidence on appeal. Charging Party included nothing indicating why the issue of reclassification of duties was not included in her underlying charge. more or view all topics or full text.
2910103/08/05
1730E San Francisco Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The District demonstrated good cause to excuse its late-filed response to UESF’s appeal. Although the charging party’s proof of service indicates service on the District, the District’s address on the proof of service was incorrect and presumably sent to the wrong address. The District filed its response six days after it received the letter from PERB regarding the docketing of the case. Thus, the response was late due to circumstances beyond the District’s control. more or view all topics or full text.
294612/27/04
A343S State of California (State Personnel Board)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board’s practice has been to interpret PERB Regulation 32130(c) to add the five day extension to deadlines extended pursuant to PERB Regulation 32132. Consequently, the Board finds SPB’s exceptions to be timely filed and DPA’s argument regarding good cause for late filings to be inapplicable. Since PERB Regulation 32132 allows the Board to grant extensions of time for good cause, that determination was made when the Appeals Office granted the extension. The document granting the extension incorporates the provision of section 32132 in providing an additional five-day extension for its service by mail. PERB Regulation 32130 was originally based on the mailbox rule found in Cal. Code of Civil Procedure section 1013. CCP section 1013 has been liberally construed by the courts to grant the additional extension of time to respond to documents served by mail. Cases interpreting that provision in which section 1013 was deemed inapplicable involve situation in which private parties had granted an extension of time. There were no cases in which a court or administrative body had granted an extension of time for response. more or view all topics or full text.
294312/21/04
1728E Oxnard Elementary School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The District’s two separate late-filed responses were not considered by the Board in rendering its decision. These responses did not include any evidence that they were served on Ybarra-Grosfeld and were filed with two different PERB offices. The District further did not show good cause to accept these late-filed responses under PERB Regulation 32136. more or view all topics or full text.
294212/21/04
1212Ea California School Employees Association, Chapter 413 (Gonzalez)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Regulation 32136 requires the charging party to show good cause for submitting a late-filed request for reconsideration; absent an explanation for the late filing, the Board is precluded from finding good cause; p. 2. more or view all topics or full text.
212816510/20/97
0468H California State University (Watts)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Regulation 32132-"good cause" defined as circumstances unanticipated or beyond a party's control. Not shown where party has number of cases to work up for appeal, nor where party's physical ailments are longstanding and do not prevent the filing of charges, nor appearances at public meetings. more or view all topics or full text.
91603912/27/84
0413E Los Angeles County Superintendent of Schools (Smyth)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Late filing of appeal of dismissal of unfair practice charge not allowed despite death of charging party. Charging party died suddenly on the day after the last day of filing an appeal. Under PERB regulations, extraordinary circumstances for late filing must have occurred prior to the deadline for filing. Here, there is no contention that the charging party was ill during the period before his death. Events that occur after deadline do not justify late filing. more or view all topics or full text.
81518410/09/84
0408E Los Angeles Unified School District and Los Angeles Community College District (Watts)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Party seeking extension of time to file documents (request for reconsideration) must justify request with statement of reasons constituting good cause. more or view all topics or full text.
81516709/17/84
0395E Los Angeles Community College District (McConnell)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Failure of charging party to serve respondent with copy of exceptions and/or to file a proof of service is justification for dismissal of charge by executive director. more or view all topics or full text.
81514408/15/84
0386H University of California Riverside
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Rejection of request for an extension of time to appeal a dismissal of an unfair practice charge proper because no extraordinary circumstances were shown where appellant claimed he was a "victim of the holiday mails." Also, appellant failed to comply with Regulation 32132 (a) by filing his request for extension late and 32135 by failing to file the appeal itself. more or view all topics or full text.
81511106/14/84
0373E Mt. Diablo Unified School District  * * * REVERSED IN PART BY Mt. Diablo Unified School District (1984) PERB Decision No. 373b
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Although Board will ordinarily not review portions of decision not specifically excepted to, where issues raised are of important legal significance and the record is complete, Board may review them sua sponte to avoid serious errors of law; p. 39-40. more or view all topics or full text.
81501712/30/83
0368E San Diego Community College District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Response to exceptions insufficient to constitute statement of exceptions due to lack of specificity; p. 13. more or view all topics or full text.
81500912/22/83
0356H Regents of the University of California (Statewide University Police Association)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Evidence raised for the first time on exceptions will not be considered by the Board. more or view all topics or full text.
71428811/14/83
0309E Los Angeles Community College District (Kimmett)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
As document was not served by a non-party and no copy was sent to the opposing party, charging party failed to properly serve his appeal; p. 7. No extraordinary circumstances shown to excuse late filing of appeal; p. 9. more or view all topics or full text.
71415505/18/83
0281E Duarte Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Under PERB Regulation 32630, Association was not charging party and had no standing to appeal the hearing officer's partial refusal to issue a complaint and partial dismissal; p. 2. more or view all topics or full text.
71405902/03/83
0266E Brawley Union High School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Exceptions not specifically urged shall be waived; p.11. more or view all topics or full text.
71402012/21/82
0200E Sacramento City Unified School District (Catalfano)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Amended brief supporting exceptions to hearing officer decision rejected as untimely. No explanation offered for late filing. more or view all topics or full text.
61307303/18/82
0188E John Swett Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB will not consider exceptions to proposed decision filed on behalf of a non-party. Regulation 32300 only permits a party to file exceptions to proposed hearing officer decision; pp. 8-9. more or view all topics or full text.
61301812/21/81
0156E Fresno Unified School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Appeal from dismissal of unfair practice charge not permitted where charging party agrees with dismissal and asks that it be affirmed in all of its particulars. No justifiable controversy in this circumstance. more or view all topics or full text.
51201312/31/80
0984H American Federation of State, County and Municipal Employees (Alvarez)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Charging party lacked standing to assert violations of the exclusive representative's statutory bargaining obligations, file an unfair practice charge or unit modification challenging bargaining unit composition, and allege denial of employee organization rights. Charging party also cannot charge an exclusive representative with violating HEERA section 3579, which imposes duties upon PERB alone; pp. 3-5. more or view all topics or full text.
172406403/23/93
0139E Ventura County Community College District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Statement of exceptions in appeal of decision on exclusion of management employee is sufficient to meet specificity requirement. Union citation of examples of evidence that purportedly contradicts hearing officer's conclusion is sufficient to give adequate notice grounds for exception. more or view all topics or full text.
41113207/11/80
0131E Ocean View School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Chest pains experienced by attorney insufficient to qualify as extraordinary circumstances to justify late filing under Reg 32135; pp. 1-3. more or view all topics or full text.
41110106/10/80
0096E Palos Verdes Peninsula Unified School District/Pleasant Valley School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
District has standing to appeal even where it successfully raised defense of operational necessity because ALJ's underlying determination on scope issues was against District; pp. 10-12. more or view all topics or full text.
31009707/16/79
0949Ha Regents of the University of California (Einheber). . . . . . .
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board is precluded from finding good cause where the party fails to provide any explanation to excuse a late filing. more or view all topics or full text.
212807304/10/97
0021E Manteca Unified School District (Olsen)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Appeal dismissed for failure to serve respondent with copy as required by Rule 35002(b) and 35007(b) (now Rule 32300). more or view all topics or full text.
134708/05/77
0931S Association of California State Attorneys (Winston)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Pursuant to PERB Regulation 32365, Board did not consider facts raised for first time on appeal; p. 2. more or view all topics or full text.
162307205/14/92
0921S State of California (Department of Personnel Administration) (California District of Forestry Employees Association)
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Although responding party filed its response to the exceptions seven days late, charging party responded; the Board found neither party prejudiced by consideration of all the material submitted; p. 4, fn. 2. more or view all topics or full text.
162303001/22/92
0066E Campbell Union High School District
1107.1000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Exceptions timely filed where actually received by PERB before stated date on document; p. 2. more or view all topics or full text.
2216608/17/78