Decision A324E – Fontana Unified School District

LA-UM-683-E

Decision Date: May 9, 2003

Decision Type: PERB Decision

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Perc Vol: 27
Perc Index: 71

Decision Headnotes

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.