Decision A471E – New Haven Unified School District
SF-CE-3052-E
Decision Date: December 3, 2018
Decision Type: Administrative Appeal
Description: The Board’s appeals office rejected an appeal of an ALJ’s order dismissing an unfair practice complaint for failure to prosecute, because the individual who filed the appeal was not a party to the case.
Disposition: The Board affirmed the appeal’s office’s determination rejecting the appeal.
Perc Vol: 43
Perc Index: 84
Decision Headnotes
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Challenges to an ALJ’s pre-hearing order dismissing a complaint for failure to prosecute are governed by PERB Regulation 32635. Only a charging party may appeal under this regulation, not a respondent or a non-party.
1107.20000 – Other
The Board will deny an application for joinder, made for the first time on appeal of dismissal for failure to prosecute, where the party seeking to join had ample opportunity to join at earlier stages.
1107.20000 – Other
The Board lacks authority to order an exclusive representative to represent an employee at PERB.