CASE PROCESSING PROCEDURES; CHARGE – Dismissal of Charge; Appeal

Single Topic for Decision A391M

View all topics for Decision A391M

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Good cause found under PERB Regulation 32136 for accepting late-filed appeal from dismissal of charge, where delay in filing was caused by circumstances beyond charging party’s control. Charging party timely mailed appeal, but the United States Postal Service inexplicably returned envelope with the notation “no such number” and respondent was not prejudiced by the delay. No good cause found to consider new evidence on appeal, where charging party failed to provide reason why evidence could not have been presented with charge or amended charge.