CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Remand for Further Hearing; Remand to General Counsel
Single Topic for Decision 1952E
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1107.03000 – Remand for Further Hearing; Remand to General Counsel
PERB Regulation 32136 states that “a late filing may be excused in the discretion of the Board for good cause only.” The Board has typically found good cause where the explanation given is reasonable and credible. The Board has found good cause to excuse a late filing in rare cases where inadvertent postal errors, beyond the charging party’s control, prevented timely filing with the Board. Charging party provided reasonable and credible evidence that she received the warning letter after the Board agent dismissed her charge – in the form of a dated postal service forwarding sticker and a sworn declaration asserting that the postal delay was out of her control. Therefore, the Board found good cause to allow her to file an amended charge.