Decision 1125Sa – State of California (Department of Parks and Recreation)
Decision Date: September 24, 1997
Decision Type: PERB Decision
Description: Employees requested reconsideration of Board’s dismissal of their unfair practice charge that the State unlawfully retaliated against them.
Disposition: Request denied for failure to timely file.
Perc Vol: 21
Perc Index: 28159
1107.10000 – Request for Reconsideration
32410(a), 32136. Where parties fail to provide any explanation for the late filing (18 months late here), the Board is precluded from finding that good cause exists; p. 5.
1107.19000 – Motion to Reopen Record
Requests to reopen a completed record based on new evidence are measured by same standard as requests for reconsideration; p. 3.
1503.03000 – Regulations Considered (By Number) (Continued)
Although PERB has exercised its discretion to excuse late filings, typically, good cause to excuse the lateness has been found when the deadline was missed by only a short period of time and the party demonstrated a conscientious effort to timely file before the deadline, but the filing arrived late due to an "honest mistake"; p. 4. 32410(a), 32136. Where parties fail to provide any explanation for the late filing (18 months late here), the Board is precluded from finding that good cause exists; p. 5.