Decision A324E – Fontana Unified School District
LA-UM-683-E
Decision Date: May 9, 2003
Decision Type: Administrative Appeal
Description: The Steelworkers’ response to the District’s exceptions contained a defective proof of service. The Steelworkers appeal an administrative determination rejecting its response.
Disposition: The Board accepted the Steelworkers’ response. In this case the District received actual notice of the filing and there was no showing of prejudice to the District. The Board consequently excused the defective filing.
Perc Vol: 27
Perc Index: 71
Decision Headnotes
1503.03000 – Regulations Considered (By Number) (Continued)
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.
1107.01000 – 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.