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.
Perc Vol: 18
Perc Index: 25125
Decision Headnotes
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.
1107.01000 – 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.
1503.03000 – 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.