CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Single Topic for Decision A318E
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1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board found good cause where a late filing is the result of “honest error” created by a reasonable misunderstanding in communication between a party and Board staff about the filing deadlines in PERB Regulation 32135 that results in a mailing error. To determine whether good cause exists to excuse a late filing, the Board took into account the fact that Bailey was not represented by counsel at the time she spoke with Board staff to determine the deadline for filing the appeal. Under PERB Regulation 32136, the Board may excuse a late filing for good cause. Additional factors to consider in determining whether good cause exists to excuse a late filing are whether the appeal was mailed on or before the filing deadline and whether the party’s explanation of the delay is reasonable. The Board found that there was no showing of prejudice to the opposing party. The Board found that the untimely filing was a result of honest error by Bailey resulting from misunderstood communications that occurred before she was represented by counsel.