Wednesday, October 26, 2011

Exceptions to dismissal of improper practice charge must be timely served

Exceptions to dismissal of improper practice charge must be timely served
Mtr. of Fern Rudin-Moore and DC-37, PERB Case U-25423

The Board affirmed the Decision of the ALJ dismissing Rudin-Moore's improper practice charge alleging that DC-37 violated §209-a.2(c) of the Act, when a DC-37 representative failed to respond to her inquiries regarding the status of a grievance that she had asked him to file on her behalf. The Board dismissed the exceptions on procedural grounds, finding that they had not been timely served on the other parties. Rudin-Moore filed exceptions with the Board on February 6, 2006, however, her exceptions were never served on either DC-37 or the District. 

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