Decision A438E – Pomona Unified School District

LA-CE-6023-E

Decision Date: June 9, 2016

Decision Type: PERB Decision

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Perc Vol: 40
Perc Index: 190

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

PERB Regulation 32130 governs the computation of time for filings. Subdivision (a) states that the period of time begins to run the day after the act or occurrence referenced. Subdivision (b) states that when the last day to file a document falls on a Saturday, Sunday or holiday, the time period is extended to the next regular PERB business day. Subsection (c) provides an additional five days to any filing made in response to documents served by mail. Because the initial due date included in the letter from the Appeals Assistant fell on a Saturday, because the letter was served on Charging Party by mail, and because the due date factoring in the 5-day extension also fell on a Saturday, Charging Party’s appeal was timely.

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

PERB Regulation 32130 governs the computation of time for filings. Subdivision (a) states that the period of time begins to run the day after the act or occurrence referenced. Subdivision (b) states that when the last day to file a document falls on a Saturday, Sunday or holiday, the time period is extended to the next regular PERB business day. Subsection (c) provides an additional five days to any filing made in response to documents served by mail. Because the initial due date included in the letter from the Appeals Assistant fell on a Saturday, because the letter was served on Charging Party by mail, and because the due date factoring in the 5-day extension also fell on a Saturday, Charging Party’s appeal was timely.