Decision A417E – Jurupa Unified School District
Decision Date: September 24, 2014
Decision Type: Administrative Appeal
Description: In a case in which the exclusive representative alleged that the respondent retaliated against an employee in violation of EERA, the ALJ dismissed the complaint and underlying charge in a proposed decision, which neither party excepted to. The affected employee filed a request for extension of time within which to file exceptions and a statement of exceptions, which the Appeals Assistant denied because the affected employee was not a party.
Disposition: The Board denied the affected employee’s administrative appeal from the Appeals Assistant’s determination, holding that the affected employee lacked party status to file a request for extension of time or a statement of exceptions. The Board ordered that the proposed decision become final.
Perc Vol: 39
Perc Index: 47
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Only a party to a proposed decision has the right to file exceptions to it; where neither the charging party nor the respondent files a statement of exceptions, the proposed decision becomes final by operation of PERB Regulation 32305; an unfair practice charge brought by the exclusive representative is presumed to vindicate a collective interest, which is for the exclusive representative to determine how best to achieve; where the parties to the case have accepted the findings of fact and conclusions of law reached by the administrative law judge in the proposed decision, to accord the affected employee the right to appellate review of that proposed decision would not only contravene the regulatory scheme limiting the right to file exceptions to the parties, but also would undercut the exclusive representative’s right to control the administrative litigation of its case as the charging party and upset both parties’ expectation of finality.