Decision 1577Ma – County of Riverside

LA-CE-5-M

Decision Date: March 18, 2004

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 118

Decision Headnotes

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.19000 – Newly Discovered Evidence

Board finds that case not rendered moot through newly discovered evidence because evidence did not meet the first and third requirements of newly discovered evidence under PERB Regulation 32410. The evidence was discovered before the Board issued its decision.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – 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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.10000 – Request for Reconsideration

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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.20000 – Other

Board finds that employees retirement does not so impact the decision and order that the case is rendered moot because the central issue was the charging party’s right to grieve over promotions, not whether the individual employee could currently pursue her own grievance.

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
1109.01000 – In General

Board finds employees retirement does not so impact the decision and order that the case is rendered moot because the central issue was the charging party’s right to grieve over promotions, not whether the individual employee could currently pursue her own grievance.

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
1109.03000 – Standard of Review/Deference to Board Decision

Board finds employees retirement does not so impact the decision and order that the case is rendered moot because the central issue was the charging party’s right to grieve over promotions, not whether the individual employee could currently pursue her own grievance.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.01000 – In General

Board finds that employees retirement does not so impact the decision and order that the case is rendered moot because the central issue was the charging party’s right to grieve over promotions, not whether the individual employee could currently pursue her own grievance.

1406.00000 – GENERAL LEGAL PRINCIPLES; MOOTNESS
1406.01000 – In General

Board finds that case not rendered moot though newly discovered evidence. Board finds that employees retirement does not so impact the decision and order that the case is rendered moot because the central issue was the charging party’s right to grieve over promotions, not whether the individual employee could currently pursue her own grievance.