Decision A393E – Santa Monica Community College District
LA-CE-5581-E
Decision Date: February 29, 2012
Decision Type: Administrative Appeal
Description: The Santa Monica Community College District failed to file its response to the union’s appeal from a dismissal of an unfair practice charge in a timely fashion.
Disposition: The Board reversed the administrative determination by the Appeals Assistant that the response was untimely, concluding that there was good cause to excuse the untimeliness.
Perc Vol: 36
Perc Index: 134
Decision Headnotes
1100.05000 – Dismissal of Charge; Appeal
Board found good cause to excuse respondent’s late-filed response to the appeal from the dismissal of the unfair practice charge under PERB Regulation 32136 where respondent’s response to the appeal was prepared in a timely fashion, respondent made a conscientious effort to timely file, respondent filed timely at a PERB regional office but due to a secretarial error failed to file at PERB headquarters, respondent corrected the filing defect immediately upon discovery, the charging party did not file a response to the administrative appeal, and there was no prejudice to charging party by the late filing.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board found good cause to excuse respondent’s late-filed response to the appeal from the dismissal of the unfair practice charge under PERB Regulation 32136 where respondent’s response to the appeal was prepared in a timely fashion, respondent made a conscientious effort to timely file, respondent filed timely at a PERB regional office but due to a secretarial error failed to file at PERB headquarters, respondent corrected the filing defect immediately upon discovery, the charging party did not file a response to the administrative appeal, and there was no prejudice to charging party by the late filing.
1109.01000 – In General
Board found good cause to excuse respondent’s late-filed response to the appeal from the dismissal of the unfair practice charge under PERB Regulation 32136 where respondent’s response to the appeal was prepared in a timely fashion, respondent made a conscientious effort to timely file, respondent filed timely at a PERB regional office but due to a secretarial error failed to file at PERB headquarters, respondent corrected the filing defect immediately upon discovery, the charging party did not file a response to the administrative appeal, and there was no prejudice to charging party by the late filing.