Decision A382S – State of California (Department of Corrections and Rehabilitation)

SA-CE-1640-S

Decision Date: December 30, 2009

Decision Type: PERB Decision

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Perc Vol: 34
Perc Index: 44

Decision Headnotes

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)

PERB may not modify its regulations by decisional law. In absence of regulation allowing filing of documents under seal, Appeals Assistant properly rejected sealed exhibit that was not served on opposing party.

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

Appeals Assistant properly rejected sealed exhibit that was not served on opposing party. Documents may not be filed under seal with PERB because no regulation allows such filing. Without service on opposing party, exhibit would have violated the prohibition against ex parte communications in PERB Regulation 32295. Filing party given 20 days to file exhibit in compliance with the service requirements in PERB Regulations 32300 and 32140.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.20000 – Other

Appeals Assistant properly rejected sealed exhibit that was not served on opposing party. Documents may not be filed under seal with PERB because no regulation allows such filing. Without service on opposing party, exhibit would have violated the prohibition against ex parte communications in PERB Regulation 32295. Filing party given 20 days to file exhibit in compliance with the service requirements in PERB Regulations 32300 and 32140.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.01000 – In General

PERB may not modify its regulations by decisional law. In absence of regulation allowing filing of documents under seal, Appeals Assistant properly rejected sealed exhibit that was not served on opposing party.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

Phone call to Appeals Assistant requesting a copy of exhibit not served on requesting party did not violate prohibition on ex parte communications in PERB Regulation 32295. Rejection of sealed exhibit not served on opposing party and filed for the purpose of in camera review by the Board was necessary to prevent ex parte communication in violation of PERB Regulation 32295.