Decision A471E – New Haven Unified School District

SF-CE-3052-E

Decision Date: December 3, 2018

Decision Type: Administrative Appeal

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Perc Vol: 43
Perc Index: 84

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

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

The Board lacks authority to order an exclusive representative to represent an employee at PERB.