All notes for Subtopic 1110.01000 – In General; Standards
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| A498E | Barstow Community College District 1110.01000: CASE PROCESSING PROCEDURES; GOOD CAUSE FOR LATE FILING; In General; Standards On multiple occasions, the Board has found no good cause where the party’s attorney failed to follow or misconstrued PERB’s filing regulations. (See Lake Elsinore Unified School District (2017) PERB Order No. Ad-446, pp. 10-11; State of California (Department of Corrections) (2003) PERB Order No. Ad-328-S, pp. 3-5; State of California (Water Resources Control Board) (1999) PERB Order No. Ad-294-S, pp. 5-6; Calipatria Unified School District (1990) PERB Order No. Ad-217, pp. 12-13.) Here, the Board found that the existence of a regulation which would have allowed the District to timely file, even given the circumstances outlined in the appeal, supports that the District did not have good cause for an untimely filing. more or view all topics or full text. | 47 | 94 | 12/13/22 |
| A498E | Barstow Community College District 1110.01000: CASE PROCESSING PROCEDURES; GOOD CAUSE FOR LATE FILING; In General; Standards Generally, “good cause to excuse a late filing exists where the delay is of short duration and based on circumstances that were either unanticipated or beyond the party’s control.” (City and County of San Francisco (2021) PERB Decision No. 2757-M, p. 9, citing Regents of the University of California (2018) PERB Decision No. 2601-H, p. 15; see, e.g., Trustees of the California State University (2016) PERB Order No. Ad-432-H, p. 8; State of California (Department of Corrections) (2006) PERB Decision No. 1806-S, p. 7; United Teachers of Los Angeles (Kestin) (2003) PERB Order No. Ad-325, p. 4.) A late filing will generally be excused when it has resulted in a short and non-prejudicial delay, and it was the result of either “circumstances beyond the control of the filing party or from excusable misinformation, where the filing party’s explanation was credible on its face or was corroborated by other facts or testimony.” (Bellflower Unified School District (2017) PERB Order No. Ad-447, p. 4 (Bellflower).) Regardless of the particular reason(s) given, the party must provide sufficient factual detail to establish a “reasonable and credible” explanation for its untimely filing or show that it at least made a conscientious effort to comply with the filing deadline. (Trustees of the California State University, supra, PERB Order No. Ad-432-H, p. 8; Newport-Mesa Unified School District (2008) PERB Order No. Ad-373, p. 3.) more or view all topics or full text. | 47 | 94 | 12/13/22 |
| 2765E | Gompers Preparatory Academy 1110.01000: CASE PROCESSING PROCEDURES; GOOD CAUSE FOR LATE FILING; In General; Standards When respondent provided its answer to the ALJ and Charging Party 10 days after it was originally due, and over three months before the first day of hearing, no prejudice would have resulted from accepting the late-field answer. (p. 17) more or view all topics or full text. | 45 | 99 | 04/30/21 |
| 2765E | Gompers Preparatory Academy 1110.01000: CASE PROCESSING PROCEDURES; GOOD CAUSE FOR LATE FILING; In General; Standards The Board has never adopted a categorical rule that an attorney’s conduct can never constitute good cause to excuse a late filing. While an attorney’s erroneous interpretation of the law or misunderstanding of PERB’s regulations does not normally constitute good cause, there is no categorical bar to finding good cause for an attorney’s honest mistakes. (p. 16) more or view all topics or full text. | 45 | 99 | 04/30/21 |
| 2765E | Gompers Preparatory Academy 1110.01000: CASE PROCESSING PROCEDURES; GOOD CAUSE FOR LATE FILING; In General; Standards Finding good cause to excuse answer filed 10 days late when attorney for Respondent’s declaration in support of its motion to file a late answer explained that the answer was not timely filed due to “an honest mistake and miscommunication between departments” within the law firm that resulted in a calendaring error. The answer was drafted five days prior to the filing deadline, and Respondent had mistakenly believed that the answer was filed. The mistake and miscommunication were due to staff adjustments to working entirely from home with reduced hours and modified assignments in the first weeks of the stay-at-home order due to the COVID-19 pandemic. The attorney along with some of the staff responsible for calendaring and administrative support struggled with illness and caring for family members, in addition to performing their job duties from home during the beginning of the pandemic. The complaint was issued less than one month after California’s stay-at-home order required all employees deemed “non-essential” to remain at home. The unexpected shift from conducting business in-person to virtually from home caused widespread disruption to business practices. , This explanation was sufficient to establish good cause. (pp. 14-15) more or view all topics or full text. | 45 | 99 | 04/30/21 |
| 2765E | Gompers Preparatory Academy 1110.01000: CASE PROCESSING PROCEDURES; GOOD CAUSE FOR LATE FILING; In General; Standards Good cause is a flexible standard, defined and constrained by considerations of fairness and reasonableness. Consistent with the policy of “not depriv[ing parties] of the opportunity to have their issues heard on the merits due to legal technicalities” a rigid application of the good cause standard is not required. It is appropriate to take the entirety of the circumstances into account in our inquiry – especially in light of the COVID-19 pandemic and the statewide emergency stay-at-home order. (pp. 13-14) more or view all topics or full text. | 45 | 99 | 04/30/21 |
| 2765E | Gompers Preparatory Academy 1110.01000: CASE PROCESSING PROCEDURES; GOOD CAUSE FOR LATE FILING; In General; Standards A late filing will generally be excused when it has resulted in a short and non-prejudicial delay, and it was the result of either “circumstances beyond the control of the filing party or from excusable misinformation, where the filing party’s explanation was credible on its face or was corroborated by other facts or testimony.” (p. 12) more or view all topics or full text. | 45 | 99 | 04/30/21 |
| 2765E | Gompers Preparatory Academy 1110.01000: CASE PROCESSING PROCEDURES; GOOD CAUSE FOR LATE FILING; In General; Standards Generally, good cause to excuse a late filing pursuant to PERB Regulation 32136 exists where the delay is of short duration and based on circumstances that were either unanticipated or beyond the party’s control. (p. 12) more or view all topics or full text. | 45 | 99 | 04/30/21 |