Cal. Code Regs. Tit. 8, § 20286 - Board Action on Unfair Labor Practice Cases

(a) If no exceptions are filed, the decision of the administrative law judge shall automatically become final 20 days after the date on which the decision of the administrative law judge is served on the parties. Unless expressly adopted by the Board, the statement of reasons in support of the decision shall be without precedent for future cases.

(b) Where one or more parties take exception to the decision of the administrative law judge, the Board shall review the applicable law and the evidence and determine whether the factual findings are supported by a preponderance of the evidence taken.

(c) A party to an unfair labor practice proceeding before the Board may, because of extraordinary circumstances, move for reconsideration or reopening of the record after issuance of the Board's final decision and order, in accordance with the provisions set forth in section 20160(a)(1), and served on the parties, in accordance with the provisions set forth in sections 20166 and 20169. The motion may alternatively request reconsideration and reopening. Such motions shall be in writing and state with particularity the grounds for reconsideration or reopening. Any motion pursuant to this section shall be filed within 10 days after the service of the Board's final decision and order. A motion filed under this section shall not operate to stay the decision and order of the Board.

(d) A party to an unfair labor practice proceeding may, because of extraordinary circumstances, move for reconsideration of the record after issuance of any Board action other than a final decision and order, in accordance with the provisions set forth in section 20286(c), except that the motion and supporting documents must be filed within five days after service of the non-final Board action.

Notes

Cal. Code Regs. Tit. 8, § 20286

1. Amendment of subsection (c) and new subsection (d) filed 3-14-78; effective thirtieth day thereafter (Register 78, No. 11).
2. Editorial correction adding NOTE filed 2-16-83 (Register 83, No. 8).
3. Amendment of subsections (c)-(d) filed 10-19-95; operative 11-18-95 (Register 95, No. 42).
4. Amendment of subsections (a) and (b) filed 7-8-99; operative 8-7-99 (Register 99, No. 28).
5. Amendment of subsection (c) filed 5-23-2017; operative 5-23-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 21).
6. Amendment of subsection (c) filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).

Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1160.2 and 1160.3, Labor Code.

1. Amendment of subsection (c) and new subsection (d) filed 3-14-78; effective thirtieth day thereafter (Register 78, No. 11).
2. Editorial correction adding NOTE filed 2-16-83 (Register 83, No. 8).
3. Amendment of subsections (c)-(d) filed 10-19-95; operative 11-18-95 (Register 95, No. 42).
4. Amendment of subsections (a) and (b) filed 7-8-99; operative 8-7-99 (Register 99, No. 28).
5. Amendment of subsection (c) filed 5-23-2017; operative 5/23/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 21).
6. Amendment of subsection (c) filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).