CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Single Topic for Decision 2229M

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Pursuant to PERB Regulation 32136, the Board may excuse a late filing for good cause. The Board has previously excused late filings which have gone astray. In this case, the Board excused a late filing based upon the Board’s conclusion that the charging party mailed his amended charge prior to the Board agent’s deadline. On appeal, charging party provided the Board with a proof of service, signed under penalty of perjury, establishing that charging party deposited the amended charge in the mail prior to the Board agent’s deadline and respondent filed no objection to charging party’s petition to excuse the tardy filing.