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Public Employee Relations Board
 

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Section 501 - Construction, Computation and Extension of Time, Filing and Service of Documents

501.1 - Construction of Rules 

The rules of the Board shall be construed broadly to effectuate the purposes and provisions of the CMPA. When an act is required or allowed to be done within a specified time by these rules, the Board, Chair or the Executive Director shall have the discretion, upon timely request therefore, to order the time period extended or reduced to effectuate the purposes of the CMPA, except that no extension shall be granted for the filing of initial pleadings.

501.2 - Request for Extension of Time 

A request for an extension of time shall be in writing and made at least three (3) days prior to the expiration of the filing period. Exceptions to this requirement may be granted for good cause shown as determined by the Executive Director.

501.3 - Waiver of Time Limits 

The request for an extension of time shall indicate the purpose and reason for the requested extension of time and the positions of all interested parties regarding the extension. With the exception of the time limit for the filing of the initial pleading that begins a proceeding of the Board, the parties may waive all time limits established by the Board by written agreement in order to expedite a pending matter.

501.4 - Computation - Mail Service 

Whenever a period of time is measured from the service of a pleading and service is by mail, five (5) days shall be added to the prescribed period.

501.5 - Computation - Weekends and Holidays 

In computing any period of time prescribed by these rules, the day on which the event occurs from which time begins to run shall not be included. If the last day of a prescribed period falls on a Saturday, Sunday, or District of Columbia holiday, the period shall extend to the next business day. If a prescribed time period is less than eleven (11) days, Saturdays, Sundays and District of Columbia holidays shall be excluded from the computation. Whenever the prescribed time period is eleven (11) days or more, such days shall be included in the computation.

501.6 - Format and Submissions 

All pleadings filed with the Board shall be in the form designated by these rules. If the Board has not designated a form, the party seeking action by the Board shall use only 8 1/2 x 11 inch plain white paper and shall include the following:

  • The name, address and telephone number of each party, if known;
  • The title of the proceeding and the case number, if known;
  • The name, title, address and telephone number of the person signing and the date of signing; and
  • A certificate of service.

501.7 - Format - Illustration 

As illustrated in the following example, all pleadings shall contain a caption setting forth the name of the Board, the title of the proceeding, the case number, if known, and the title of the pleading:

Government of the District of Columbia

Public Employee Relations Board

Department of XXX Agency  
   
and PERB Case No.____
   
Local # ____Petitioner  

 

 Petitioner's Reply Brief

501.8 - Submissions - Summary Statement 

Every pleading that is filed to initiate a proceeding with the Board shall include the following:

(a) A concise statement of the nature of the case, the relief requested, and the basis for entitlement; and

(b) A concise statement of all information deemed relevant which shall be set forth in numbered paragraphs.

501.9 - Page Limitation 

Pleadings submitted to the Board shall be typed or legibly hand-written and limited to twenty (20) double-spaced pages. Requests to increase the page limitation shall be timely submitted to the Executive Director. The page limitation of this rule does not apply to pleadings filed with the trier of fact when the trier of fact is not the Board itself.

501.10 - Copies for Filing 

Except as otherwise provided by these rules or by direct instructions from the Executive Director, six (6) legible copies of every pleading filed with the Board, including exhibits, shall be submitted in addition to the original.

501.11 - Business Hours for Filing 

A pleading shall not be considered filed with the Board unless it is received in the offices of the Board during business hours as defined in Subsection 501.8 of these rules. Pleadings submitted after business hours shall be treated as filed the following business day.

501.12 - Service Upon Other Parties 

A party submitting a pleading to the Board shall concurrently serve a copy of the pleading on every other party, unless otherwise directed by these rules or by instructions from the Board. If a party is represented by an attorney or other representative, it shall be sufficient to serve the attorney or representative. Every pleading filed with the Board shall include a signed certificate of service naming all other parties and attorneys or representatives, if any, on whom concurrent service was made, and shall state how and when such service was made.

501.13 - Filing Deficiencies 

A pleading that is timely filed will be assigned a filing date and case number. The Board or its designated representative shall review the pleading to determine whether it was filed in accordance with the procedural requirements of the CMPA and these rules. If the review reveals that the pleading was not filed in accordance with the CMPA or these rules, the Executive Director shall notify the party or the party's representative and allow ten (10) days from the date of notice for the filing deficiencies to be cured. Pleadings submitted for filing will not be assigned a filing date or case number until any noted deficiencies are timely cured. Failure to cure deficiencies shall result in dismissal without further notice.

501.14 - Requests for Intervention 

Interested persons who wish to intervene in a proceeding shall promptly direct such requests to the Board or its delegate. The request shall be in writing and shall state the grounds for intervention.

501.15 - Grounds for Intervention 

The Board or its delegate shall have discretion to grant or deny a request for intervention, basing the decision on the nature of the interests of the intervenor, whether those interests will be adequately protected by existing parties, and the timeliness of the intervenor's request.

501.16 - Methods of Service 

Service of pleadings shall be complete on personal delivery during business hours; depositing of the message with a telegraph company, charges prepaid; depositing the document in the United States mail, properly addressed, first class postage prepaid; or by facsimile transmission.

501.17 - Ex Parte Communications 

No party shall engage in any ex parte communication with a hearing officer or with any member of the Board regarding proceedings pending before the Board.