Decision A411M – County of Santa Clara
SF-CE-646-M; SF-CE-988-M
Decision Date: April 18, 2014
Decision Type: Administrative Appeal
Description: Appeal from administrative determinations by PERB’s Appeals Assistant, in which she denied charging party’s requests for reconsideration of County of Santa Clara (2013) PERB Order No. Ad-398-M and for reinstatement of his appeal in Case No. SF-CE-998-M
Disposition: Board affirmed administrative determination and dismissed request for reconsideration.
Perc Vol: 38
Perc Index: 158
Decision Headnotes
1103.07000 – Parties
PERB Regulation 32164(d) authorizes PERB to order joinder of a party if the party has an interest in the subject matter of the proceeding.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
In an appeal from an administrative determination, the moving party must demonstrate how and why the administrative decision being challenged departs from the Board’s precedents or regulations. Where a party fails to file a timely appeal, the appeal is barred unless the Board finds good cause to excuse the failure. PERB Regulation 32136 provides that the Board may excuse a late filing for good cause. Having voluntarily abandoned his appeal, appellant urges that his erroneous impression of PERB’s procedures should operate as good cause to excuse his compliance with PERB’s appeal procedures. We decline to extend the concept of good cause that far.
1107.10000 – Request for Reconsideration
Under PERB Regulation 32410, parties are limited to one request for reconsideration of a Board decision.
1107.20000 – Other
PERB Regulation 32164(d) authorizes PERB to order joinder of a party if the party has an interest in the subject matter of the proceeding.