Decision 1133Ea – Los Rios College Federation of Teachers (Deglow)

SA-CO-314

Decision Date: May 14, 1997

Decision Type: PERB Decision

Description: Employee requests reconsideration of Board’s dismissal of her unfair practice charge that union did not fairly represent her.

Disposition: Request denied for failure to be timely filed.

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Perc Vol: 21
Perc Index: 28097

Decision Headnotes

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

When employer announced event prior to the original hearing, employee could have reasonably discovered evidence of the event through a conscientious effort and good cause is not established to excuse the late filing under PERB Regulation 32136; p. 6.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.04000 – Attorneys Fees and Costs

The Board only awards costs if the case is without arguable merit, frivolous, vexatious, dilatory, pursued in bad faith or otherwise an abuse of process; not where issues are debatable and the case is brought in good faith; p. 6.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

When employer announced event prior to the original hearing, employee could have reasonably discovered evidence of the event through a conscientious effort and good cause is not established to excuse the late filing under PERB Regulation 32136; p. 6.