Decision A451E – Berkeley Unified School District

SF-CE-3174-E

Decision Date: August 16, 2017

Decision Type: PERB Decision

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Perc Vol: 42
Perc Index: 31

Decision Headnotes

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.05000 – Parties; Service

(The Board may excuse defective service if the opposing parties have received actual notice of the filing and there is no showing of prejudice.) (The representative identified on a notice of appearance form is regarded as the party’s designated representative for purposes of service.)

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.06000 – Service

(The Board may excuse defective service if the opposing parties have received actual notice of the filing and there is no showing of prejudice.) (The representative identified on a notice of appearance form is regarded as the party’s designated representative for purposes of service.)

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

(The Board may excuse late filings for good cause only, which requires an affirmative showing of good cause for the late filing and the absence of prejudice to the opposing party. The Board may excuse defective service, on the other hand, if the opposing parties have received actual notice of the filing and there is no showing of prejudice.) (Where an appeal was timely filed, but service was not perfected until after the deadline to appeal had expired, the Board applied the test for excusing defective service.) (When an appeal is rejected by the Board’s Appeals Office, the opposing party is not required to file a response.)

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.18000 – Review of Findings Not Excepted To

(An appeal of an administrative determination “must state the specific issue(s) of procedure, fact, law or rationale that is appealed and state the grounds for the appeal.” (PERB Regulation 32360, subd. (c).) Unless circumstances indicate otherwise, we consider only those issues properly raised.)