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.
Perc Vol: 26
Perc Index: 33015
Decision Headnotes
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.
1311.02000 – 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.