Decision A260S – State of California (Department of Parks and Recreation) (Kalko and Ruger)

S-CE-667-S

Decision Date: August 31, 1994

Decision Type: Administrative Appeal

Description: State seeks deferral of case to contractual grievance and arbitration procedure.

Disposition: Interlocutory appeal denied as untimely filed.

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Perc Vol: 18
Perc Index: 25125

Decision Headnotes

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.01000 – Pre-Arbitration

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.

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

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

32646(b). 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. 32635. 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.