Decision A411M – County of Santa Clara

SF-CE-646-M; SF-CE-988-M

Decision Date: April 18, 2014

Decision Type: Administrative Appeal

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Perc Vol: 38
Perc Index: 158

Decision Headnotes

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.10000 – Request for Reconsideration

Under PERB Regulation 32410, parties are limited to one request for reconsideration of a Board decision.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.