COVID-19 PERB Operations Q & A

Sacramento, San Francisco and Los Angeles Regional Offices Closed Until Further Notice

COVID-19 Operations Q&As

Is PERB open for business?
Yes. Although PERB has closed its offices, PERB employees are performing their duties via telework and will continue to accept e-mail, U.S. Mail, and facsimile filings. Please be sure to file your document with the correct Regional Office whether filing by e-mail, U.S. Mail, or facsimile.

Can I still file in-person with PERB?
No. Unfortunately, PERB must suspend in-person filing to comply with the stay-at-home order by Governor Newsom.
Information on how to file by e-mail, U.S. Mail, and facsimile is found at the following link: https://perb.ca.gov/contact-us/
If you are unable to file a document using e-mail, U.S. mail and facsimile, please contact PERB at PERBQuestions@perb.ca.gov.

If a party submits its document after 5:00 p.m. but before 11:59 p.m., on the date of a deadline, is it still timely under PERB’s regulations?

UPDATED 4/2/2020: No. It would not be timely because it was “received” by our e-filing system after a regular PERB business day. Although PERB’s physical offices are closed, PERB’s regular business hours are still from 8:00 a.m. to 5:00 p.m., Monday through Friday (except during official state holidays).

I am working from home and unable to mail an original document(s) to PERB after I’ve e-filed. How do I file the original?
Parties that are unable to mail the original document to PERB because of the Governor’s stay-at-home order will be allowed to file a copy using e-mail or facsimile only. But PERB is still requiring that parties keep all originals for later filing.
For proof of support and declarations, PERB must still obtain copies of originals. In those cases, please contact the Board agent to discuss the logistics in providing originals.

Can I file my documents directly to the assigned Board agent?
No. Absent extraordinary circumstances, all documents must be filed with the appropriate regional office or division using the appropriate e-filing address found here: https://perb.ca.gov/contact-us/. If you believe that you have extraordinary circumstances that justify filing directly with a Board agent, please contact her or him to discuss.

Without access to U.S. Mail, how do I serve documents on parties that have not consented to electronic service or provided an e-mail address?
Service of process is an essential element of due process. Where parties are unable to send or receive work-related mail through the US Postal Service because of the Governor’s stay-at-home order, the only way to serve them is by e-mail (electronic service). PERB is therefore asking all parties to provide an e-mail address and consent to electronic service. In cases where a party refuses to consent to electronic service and/or provide an e-mail address, PERB may have no option but to place the case in abeyance until the Governor lifts the stay-at-home order.

ADDED 4/6/2020: If I file a new case (charge, petition, request), may I serve the document by e-mail?
Maybe. E-service is only available where the other party gives written consent and provides an e-mail address for service of documents. Therefore, parties should request written consent from the other party before filing any new case with PERB. If the other party refuses or does not respond, you must then serve the other party by U.S. Mail. However, please be aware of any deadlines to avoid an untimely filing.

Can I use an e-signature when e-filing documents?
Yes. If you are unable to scan a document that bears your signature, you may file the document with either an e-signature (pasting a digital copy of your actual signature) or by using an “s” signature that looks like this: /s/ [Typed Name].

How do I contact a Board agent by telephone?
You may still call their work telephone number and leave a voicemail message. Board agents regularly check both their voicemail and e-mail messages.

Has PERB suspended any of its statutory timelines during the COVID-19 crisis?
UPDATED 5/22/2020:  All timelines, whether under statute or regulation, remain in full force and effect, unless the subject of an Executive Order. Parties that need an extension of time to file a document or perform a required act should ask the assigned Board agent for the extension consistent with our regulations. On May 7, 2020, the Governor issued Executive Order N-63-20. The Order includes several provisions applicable to PERB. Sections 8 (h), 8(i), and 8 (j), extend by 60 days the time to request factfinding under the EERA, the HEERA and the MMBA. Section 10 suspends the requirement that notices to employees be physically posted on bulletin boards, and provides instead that such notices be distributed through electronic means. Such notices would include postings required by a final decision of the Board or Administrative Law Judge and postings required in a representation proceeding. Section 11 makes provisions for conducting hearings electronically or by video if certain requirements are met. The text of the Executive Order can be found here: https://www.gov.ca.gov/wp-content/uploads/2020/05/5.7.20-EO-N-63-20.pdf 

Updates related to the State Mediation and Conciliation Service can be found here: https://perb.ca.gov/state-mediation/