Decision A416C – San Bernardino Superior Court
LA-CE-43-C
Decision Date: August 26, 2014
Decision Type: Administrative Appeal
Description: Charging party attempted service on the employer with a statement of exceptions both by fax and mail. Part of the charging party’s fax transmittal to the employer was illegible. PERB Regulation 32130(c) requires that a respondent file its response to exceptions within twenty (20) days after receipt of service by fax. PERB received employer’s response to the exceptions twenty three (23) days after charging party’s service by fax. PERB’s Appeals Assistant denied the employer’s response as untimely filed. Employer appealed.
Disposition: The Board reasoned that because the charging party’s service by fax was illegible and thus defective, the only service perfected by charging party was by mail. With service by mail a party is entitled to the extra five (5) days pursuant to PERB Regulation 32130(c). Therefore, the Board concluded that the employer’s response to exceptions, received on the 23rd day after service by mail, was timely filed.
Perc Vol: 39
Perc Index: 35
Decision Headnotes
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation 32140(b) states that there are two methods by which a party agrees to accept electronic service of documents. The first method is by serving notice on all parties that it will accept electronic service of documents in that matter. A party also agrees to accept electronic service in a case by electronically filing any document with the Board. (PERB Reg. 32140(b)(2).) Under PERB Regulation 32130(c), a five (5)-day extension of time shall apply to any filing made in response to documents served by mail if the place of address is within the State of California.
1107.20000 – Other
PERB Regulation 32140(b) states that there are two methods by which a party agrees to accept electronic service of documents. The first method is by serving notice on all parties that it will accept electronic service of documents in that matter.