Decision A441M – San Diego Metropolitan Transit System * * * PUC TRANSIT CASE. PERB DECISION NUMBER CONTAINS INCORRECT LETTERING, AS CASE DID NOT ARISE UNDER MMBA * * *

LA-DP-425-M and SMCS 15-3-514

Decision Date: September 20, 2016

Decision Type: Administrative Appeal

Description:  A petitioning employee organization seeking to represent transit district employees excepted to a hearing officer’s recommendations to dismiss without a hearing the organization’s objections to a representation election conducted by the SMCS.  PERB, in its capacity as the governing board for SMCS, considered the petitioning organization’s exceptions.

Disposition:  The Board denied the petitioning organization’s exceptions and affirmed the hearing officer’s recommendation to forego a hearing, as the petitioning organization’s objections raised no material factual disputes that would alter the outcome of the election.

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Perc Vol: 41
Perc Index: 66

Decision Headnotes

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.01000 – In General

The five-day extension of time for filings made in response to documents served by mail within California under PERB Regulation 32130, subdivision (c), is applicable if the document was served by mail, even if it was also served electronically. (p. 4.)

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

The five-day extension of time for filings made in response to documents served by mail within California under PERB Regulation 32130, subdivision (c), is applicable if the document was served by mail, even if it was also served electronically. (p. 4.)

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

The five-day extension of time for filings made in response to documents served by mail within California under PERB Regulation 32130, subdivision (c), is applicable if the document was served by mail, even if it was also served electronically. (p. 4.)