Decision A438E – Pomona Unified School District
LA-CE-6023-E
Decision Date: June 9, 2016
Decision Type: Administrative Appeal
Description: Charging party appealed an administrative determination by the PERB Appeals Assistant finding that his appeal of the dismissal by the Office of the General Counsel of his unfair practice charge was untimely.
Disposition: The Board found the PERB Appeals Assistant’s administrative determination was not in accordance with PERB regulations and that charging party timely submitted a perfected appeal. The matter was remanded for further processing.
Perc Vol: 40
Perc Index: 190
Decision Headnotes
1100.05000 – Dismissal of Charge; Appeal
PERB Regulation 32130 governs the computation of time for filings. Subdivision (a) states that the period of time begins to run the day after the act or occurrence referenced. Subdivision (b) states that when the last day to file a document falls on a Saturday, Sunday or holiday, the time period is extended to the next regular PERB business day. Subsection (c) provides an additional five days to any filing made in response to documents served by mail. Because the initial due date included in the letter from the Appeals Assistant fell on a Saturday, because the letter was served on Charging Party by mail, and because the due date factoring in the 5-day extension also fell on a Saturday, Charging Party’s appeal was timely.
1107.20000 – Other
PERB Regulation 32130 governs the computation of time for filings. Subdivision (a) states that the period of time begins to run the day after the act or occurrence referenced. Subdivision (b) states that when the last day to file a document falls on a Saturday, Sunday or holiday, the time period is extended to the next regular PERB business day. Subsection (c) provides an additional five days to any filing made in response to documents served by mail. Because the initial due date included in the letter from the Appeals Assistant fell on a Saturday, because the letter was served on Charging Party by mail, and because the due date factoring in the 5-day extension also fell on a Saturday, Charging Party’s appeal was timely.