Decision A466E – Grossmont Union High School District

LA-RR-1270-E

Decision Date: June 20, 2018

Decision Type: Administrative Appeal

View Full Text (PDF)

Perc Vol: 43
Perc Index: 15

Decision Headnotes

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

PERB Regulation 32305, subdivision (c), prohibits the Board from granting extensions of time in a representation case only when a party is filing exceptions to a proposed decision, not when a party is appealing an administrative decision pursuant to PERB Regulation 32360. (p. 3)

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

PERB Regulations create two possible tracks for representation cases. The first track leads to a formal hearing where, based on the evidentiary record, a party may appeal the proposed decision under PERB Regulation 32300. The second track leads to an administrative decision, without a formal hearing, evidentiary record, or proposed decision, that a party may appeal to the Board itself by filing an appeal pursuant to PERB Regulation 32360. Because PERB Regulation 32305, subdivision (b), applies only to cases “where exceptions are filed pursuant to Section 32300,” only the first type of case, i.e., one that produces a proposed decision, falls under subdivision (b). Consequently, PERB Regulation 32305, subdivision (c)’s prohibition on granting extensions of time applies only to cases where a proposed decision has been issued, not to cases that resulted in an administrative decision. (pp. 4-5)

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
1303.09000 – Stay of

When exceptions to a proposed decision are filed, the proposed decision is effectively stayed pending a decision by the Board itself. (p. 6) In contrast to a proposed decision, an administrative decision is considered final and effective upon issuance unless the appealing party files a request for stay pursuant to PERB Regulation 32370. (p. 6)

1407.00000 – GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION
1407.01000 – General Principles

In construing administrative regulations, PERB’s fundamental goal is to “give the regulatory language its plain, commonsense meaning. If the language is ambiguous, PERB may look to other sources of interpretation, including the purpose of the regulation, the legislative history, public policy, and the scheme of which the regulation is a part. PERB Regulation 32305(c) prohibits extensions of time in cases subject to subdivision (b) of the same regulation. For a case to fall under subdivision (b), it must satisfy two requirements, as indicated by the conjunctive “and” joining the two phrases of the introductory clause – the case must arise under one of the enumerated regulations and be one where exceptions to a proposed decision are filed after the formal hearing process. (p. 4)

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.01000 – In General

Under PERB Regulation 32305, the Board shall not grant extensions of time in appeals arising under one of the enumerated regulations and where the exceptions have been filed in response to a proposed decision at the conclusion of the formal hearing process. (p. 4) There is no such prohibition on extensions of time in cases arising from an administrative appeal under PERB Regulation 32360. (pp. 5, 7)

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

Under PERB Regulation 32305, the Board shall not grant extensions of time in appeals arising under one of the enumerated regulations and where the exceptions have been filed in response to a proposed decision at the conclusion of the formal hearing process. (p. 4) There is no such prohibition on extensions of time in cases arising from an administrative appeal under PERB Regulation 32360. (pp. 5, 7)