CASE PROCESSING PROCEDURES; CHARGE – Dismissal of Charge; Appeal
Single Topic for Decision A374E
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1100.05000 – Dismissal of Charge; Appeal
Body’s request to file a late amended charge is treated as an appeal of the dismissal of the charge. (Regents of the University of California (2008) PERB Order No. Ad-370-H; Los Angeles Unified School District (2007) PERB Order No. Ad-368.) The excuse for an untimely filing must be reasonable and credible. (Barstow Unified School District (1996) PERB Order No. Ad-277.) Where a party provides no justification for their late filing, the Board is precluded from finding that good cause exists. (Coachella Valley Unified School District (1998) PERB Order No. Ad-292; State of California (Department of Insurance) (1997) PERB Order No. Ad-282-S.) Charging party has failed to provide justification in the form of reasonable or credible facts on which to find good cause for her late filing thus PERB is precluded from finding good cause to excuse it.