Decision 0413E – Los Angeles County Superintendent of Schools (Smyth)

LA-CE-1669

Decision Date: October 9, 1984

Decision Type: PERB Decision

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Perc Vol: 8
Perc Index: 15184

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Late filing of appeal of dismissal of unfair practice charge not allowed despite death of charging party. Charging party died suddenly on the day after the last day of filing an appeal. Under PERB regulations, extraordinary circumstances for late filing must have occurred prior to the deadline for filing. Here, there is no contention that the charging party was ill during the period before his death. Events that occur after deadline do not justify late filing.