CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Single Topic for Decision A417E
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1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Only a party to a proposed decision has the right to file exceptions to it; where neither the charging party nor the respondent files a statement of exceptions, the proposed decision becomes final by operation of PERB Regulation 32305; an unfair practice charge brought by the exclusive representative is presumed to vindicate a collective interest, which is for the exclusive representative to determine how best to achieve; where the parties to the case have accepted the findings of fact and conclusions of law reached by the administrative law judge in the proposed decision, to accord the affected employee the right to appellate review of that proposed decision would not only contravene the regulatory scheme limiting the right to file exceptions to the parties, but also would undercut the exclusive representative’s right to control the administrative litigation of its case as the charging party and upset both parties’ expectation of finality.