CASE PROCESSING PROCEDURES; CHARGE – Dismissal of Charge; Appeal
Single Topic for Decision A392M
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1100.05000 – Dismissal of Charge; Appeal
Board did not find good cause to excuse respondent’s late-filed response to the appeal from the partial dismissal of the unfair practice charge under PERB Regulation 32136 where respondent filed its response eight days late and failed to supply the Board with any reasons for its late filing, thus depriving the Board the opportunity to determine whether the respondent made an honest mistake or whether the delay resulted from circumstances beyond respondent’s control or excusable misinformation for purposes of evaluating whether respondent made a conscientious effort to timely file; Board will not find good cause to excuse a late filing based on lack of prejudice alone where the Board is unable to determine whether respondent’s reasons for the late filing were reasonable and credible.