ALRB: motion for reconsideration of non-final Board action (5 days after service)

5 days after service of the non-final board action, under 8 CCR 20286(d), 20170.

Rule text

8 CCR 20286(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."

8 CCR 20286(d), 20170, official source

Calculate this deadline

Deadline
Thursday, November 12, 2026
  1. Trigger (Service of the non-final Board action): Friday, November 6, 2026.
  2. Exclude the trigger day and count 5 calendar days: Wednesday, November 11, 2026.
  3. That day is a Veterans Day, so the deadline moves to the next court day: Thursday, November 12, 2026 (Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)).
Rules applied
8 CCR 20286(d), 20170
8 CCR 20286(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."
Official source
Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)
Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." 8 CCR 10600: "(a) The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last. (b) Unless otherwise provided by law, if the last day for exercising or performing any right or duty to act or respond falls on a weekend, or on a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next business day." 8 CCR 32130(a)-(b) (PERB): "(a) In computing any period of time under these regulations, except under Section 32776(c), (d), (e) and (f), the period of time begins to run the day after the act or occurrence referred to. (b) Whenever the last date to file a document falls on Saturday, Sunday, or a holiday, as defined in Government Code Sections 6700 and 6701, or PERB offices are closed, the time period for filing shall be extended to and include the next regular PERB business day. The extension of time provided herein shall be applied subsequent to the application of any other extension of time provided by these regulations or by other applicable law." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays."
Official source
  • Short period: 8 CCR 20170(b) excludes intermediate Saturdays, Sundays and legal holidays from periods under seven days, so this is counted in business days (count "court"); holidays are those in Gov. Code 6700 (broader than the state-office list, so the engine may come out one day early; conservative). Filing: documents must be RECEIVED by the Board by 5:00 p.m. on the last day unless sent by registered or certified mail postmarked by that day or deposited with an overnight carrier by that day (8 CCR 20170(d)). Last day on a Saturday, Sunday or Gov. Code 6700 holiday expires the next business day (20170(b)). Mail service: 8 CCR 20170(c) adds 5 days to the prescribed period. Calendar the earlier of (a) 5 business days + 5 calendar days and (b) 10 calendar days from mailing. [Validation 2026-11, Q0259. Authority: Cal. Code Regs., tit. 8, 20170(b), (c); Cal. Code Regs., tit. 8, 20170(c)]
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Service of the non-final Board action on Monday, March 15, 2027, personal service: due Monday, March 22, 2027.

  1. Trigger (Service of the non-final Board action): Monday, March 15, 2027.
  2. Exclude the trigger day and count 5 calendar days: Saturday, March 20, 2027.
  3. That day is a Saturday, so the deadline moves to the next court day: Monday, March 22, 2027 (Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)).

Unsettled points

  • The calculator counts this ALRB period in calendar days, so mail service gives 10 calendar days, the earlier of the two readings, and no service method can run late.Other reading: Under the business-day reading, personal or electronic service gives 5 business days and mail gives 5 business days plus 5, about 2 days later.

Notes

Short period: 8 CCR 20170(b) excludes intermediate Saturdays, Sundays and legal holidays from periods under seven days, so this is counted in business days (count "court"); holidays are those in Gov. Code 6700 (broader than the state-office list, so the engine may come out one day early; conservative). Filing: documents must be RECEIVED by the Board by 5:00 p.m. on the last day unless sent by registered or certified mail postmarked by that day or deposited with an overnight carrier by that day (8 CCR 20170(d)). Last day on a Saturday, Sunday or Gov. Code 6700 holiday expires the next business day (20170(b)). Mail service: 8 CCR 20170(c) adds 5 days to the prescribed period. Calendar the earlier of (a) 5 business days + 5 calendar days and (b) 10 calendar days from mailing. [Validation 2026-11, Q0259. Authority: Cal. Code Regs., tit. 8, 20170(b), (c); Cal. Code Regs., tit. 8, 20170(c)]

Related deadlines

All California agencies deadlines

Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.