Decision A311E – San Diego Community College District

LA-UM-649-E

Decision Date: November 28, 2001

Decision Type: Administrative Appeal

Description: The Board excused a late filed request for judicial review and denied a request for a stay of the underlying decision pending judicial review.

Disposition: Accepted late filed request for judicial review as timely filed. Good cause to excuse a late filing exists where the request was mailed to the wrong PERB office by clerical mistake.  Denied request to stay underlying PERB decision pending judicial review. The Board declined to exercise its discretion to grant a stay, because the issues raised in the stay request will be addressed through another pending unfair practice case.

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Perc Vol: 26
Perc Index: 33015

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Request for Judicial Review filed on due date by U.S. Express Mail to the incorrect office by clerical mistake accepted as timely filed as good cause existed to excuse late filing.

1311.00000 – REPRESENTATION ISSUES; JUDICIAL REVIEW, REPRESENTATION, DECISIONS
1311.02000 – Procedural Issues

Board declines to exercise discretion to grant a stay pending a PERB decision regarding judicial review request as the issues raised in the stay will be addressed through a pending unfair practice proceeding. Board declines to clarify the effective date of the Board's underlying decision and declines to clarify which exclusive representative represents the affected unit members as the issues raised in these requests will be addressed through a pending unfair practice proceeding.