All notes for Subtopic 1100.12000 – Extensions of Time

DecisionDescriptionPERC Vol.PERC IndexDate
A437H Regents of the University of California and Teamsters Clerical, Local 2010 (Polk)
1100.12000: CASE PROCESSING PROCEDURES; CHARGE; Extensions of Time
The indefinite and continuing nature of charging party’s requests for extensions of time to appeal the dismissal of her unfair practice charges would fundamentally alter the nature of PERB’s unfair practice proceedings. PERB affords parties to an unfair practice charge a relatively user-friendly administrative process for adjudication of labor disputes. The expectation is that unfair practice charges are handled as expeditiously as possible at both the case processing and administrative appellate stages. Especially in a case where the Office of the General Counsel has dismissed an unfair practice charge after conducting an investigation and concluding that a prima facie case has not been established by the allegations of the charge, it is imperative that any appeal from dismissal be handled as promptly as possible. The Board denied charging party’s appeal from the Appeals Assistant’s administrative determination denying her a fifth extension of time. more or view all topics or full text.
4017705/09/16
2253H University Professional and Technical Employees-Communications Workers of America Local 9119 (Witke)
1100.12000: CASE PROCESSING PROCEDURES; CHARGE; Extensions of Time
It cannot be assumed from a respondent’s failure to put its request for extension in writing in violation of PERB’s regulations that Board agent did not find good cause to grant the extension; the respondent’s non-compliance with the requirements for requesting extensions, when there is no showing of prejudice, does not require Board agent to exclude from consideration the respondent’s position statement filed within the extended time period; PERB’s regulations regarding extensions of time enable Board agents to exercise control over the timeline for processing a charge and while violations of PERB’s regulations will not be condoned, neither will they be used to undermine the authority of Board agents in the performance of their duties. more or view all topics or full text.
3616104/23/12
2169M Service Employees International Union, Local 1021 (Crandell)
1100.12000: CASE PROCESSING PROCEDURES; CHARGE; Extensions of Time
Charging party filed his amended charge after the due date stated in the warning letter because he did not retrieve the warning letter from his post office box until the due date. Had charging party checked his post office box sooner, he could have requested an extension of time to file an amended charge. The Board found no good cause to excuse the late-filed amended charge. more or view all topics or full text.
355002/25/11
2023M County of San Bernardino (County Library)
1100.12000: CASE PROCESSING PROCEDURES; CHARGE; Extensions of Time
Board found good cause to excuse late filing of amended charge where charging party made a conscientious attempt to timely file amended charge, the amended charge was postmarked on the date due for filing as a result of honest error based on “misunderstood communications” between the charging party and the Board agent, and there was no evidence of prejudice resulting from the brief delay. A late filing may be excused at the discretion of the Board for good cause only. Once excused, the filing becomes timely (PERB Regulation 32135). more or view all topics or full text.
338505/12/09
1838M Sacramento Municipal Utility District
1100.12000: CASE PROCESSING PROCEDURES; CHARGE; Extensions of Time
PERB Regulation 32136 grants the Board the discretion to excuse a late filing for good cause. more or view all topics or full text.
3011705/10/06
1603E Shasta College Faculty Association (Sloan)
1100.12000: CASE PROCESSING PROCEDURES; CHARGE; Extensions of Time
Charging party’s argument on appeal that he did not receive enough time to file an amended charge rejected where charging party received one extension and failed to request additional time. more or view all topics or full text.
289002/25/04
1542M International Union of Operating Engineers Local 39 (Irish)
1100.12000: CASE PROCESSING PROCEDURES; CHARGE; Extensions of Time
Board found good cause to excuse late filing of amended charge where charging party made a conscientious attempt to timely file amended charge, provided a proof of service signed under penalty of perjury, and was not informed whether or not PERB Regulation 32135 would apply. more or view all topics or full text.
2710706/30/03
1541M City of Sacramento
1100.12000: CASE PROCESSING PROCEDURES; CHARGE; Extensions of Time
Board found good cause to excuse late filing of amended charge where charging party made a conscientious attempt to timely file amended charge, provided a proof of service signed under penalty of perjury, and was not informed whether or not PERB Regulation 32135 would apply. more or view all topics or full text.
2710606/30/03
1519H Regents of the University of California (Los Alamos National Laboratory)
1100.12000: CASE PROCESSING PROCEDURES; CHARGE; Extensions of Time
Enter’s failure to respond to a Board agent’s inquiry whether she needed an extension of time to file an amended charge after the deadline was proper grounds for a dismissal of Enter’s charge by the Board agent. more or view all topics or full text.
276705/07/03
A114H Unit Determination for Employees of the Regents of University of California
1100.12000: CASE PROCESSING PROCEDURES; CHARGE; Extensions of Time
Request of parties to delay hearing on exclusionary issues until after unit determination is granted. Such a procedure may allow exclusionary issues to be narrowed as parties can negotiate about exclusionary issues in context of known units. more or view all topics or full text.
09/04/81
A044E Oakland Unified School District
1100.12000: CASE PROCESSING PROCEDURES; CHARGE; Extensions of Time
Board agent's decision to allow additional time for showing of support after posting of representational hearing decision which was incomplete at it did not state time deadline for showing of support for appearance on ballot is a matter of internal Board procedure and not appealable; p. 4. more or view all topics or full text.
2216508/16/78
A355H Trustees of the California State University (San Diego)
1100.12000: CASE PROCESSING PROCEDURES; CHARGE; Extensions of Time
Pursuant to PERB Regulation 32136, the Board may, in its discretion, excuse late filings upon a showing of good cause. Good cause may be found when the explanation was “reasonable and credible.” Good cause may also be found for “honest mistakes” such as mailing or clerical errors. Additionally, good cause exists only when the party made a conscientious effort to timely file and the delay did not cause prejudice to any party. more or view all topics or full text.
3014908/09/06
0340H Regents of the University of California (California State Employees Association)
1100.12000: CASE PROCESSING PROCEDURES; CHARGE; Extensions of Time
Request for extension of time to file document must be in writing and filed at least three days before expiration of time required for filing. more or view all topics or full text.
71423708/24/83