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

Single Topic for Decision A447E

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The Board denied Charging Party’s appeal from an administrative determination which denied its filing as untimely due to attorney error. Although an untimely filing may be excused at the discretion of the Board for “good cause” (PERB Reg. 32136), generally, “the Board has not found good cause [to excuse a late filing] in situations where the party’s attorney was directly responsible for the late filing.” Board precedent considers whether good cause exists separate from whether excusing a late filing would result in prejudice. Thus, even if a late filing would not result in prejudice, PERB has no discretion to accept the untimely filing in the absence of good cause.