CASE PROCESSING PROCEDURES; CHARGE – Dismissal of Charge; Appeal
Single Topic for Decision 2215M
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1100.05000 – Dismissal of Charge; Appeal
Appeal that merely restates facts alleged in charge but fails to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which the appeal is taken, or the grounds for each issue, is subject to dismissal on that basis alone; no good cause to consider new factual allegations provided for the first time on appeal that predate dismissal letter where no reason provided why they could not have been alleged in the charge; charging party is free to supplement the appeal during the 20-day timeframe for filing an appeal set forth in PERB Regulation 32635, subdivision (a); an addendum filed after the 20-day period has expired is untimely unless there is good cause to excuse the late filing under PERB Regulation 32136; no good cause to excuse a late-filed letter executed by a witness for charging party where the reason for the late filing was that the charging party and the witness had lost touch; filing the letter a month after it was executed does not demonstrate a conscientious effort to comply in a timely fashion.