Decision 1540Sa – State of California (Department of Corrections)
Decision Date: February 24, 2004
Decision Type: PERB Decision
Description: Vickers moved to excuse a late-filed second-amended charge and requested reconsideration of the Board’s dismissal and deferral of his charge to arbitration in 1540.
Disposition: The second amended charge was several months late. Vickers did not provide any facts to show good cause to excuse the late filing. The Board granted his request for reconsideration because his union was unable to arbitrate his grievance under the CBA. The charge was remanded to the GC’s office for further investigation.
Perc Vol: 28
Perc Index: 85
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Filing party provided no information that demonstrates an effort to timely file, thus the Board does not excuse the late filing of the second amended charge.
1107.10000 – Request for Reconsideration
Reconsideration granted and charge remanded to General Counsel for further investigation based on finding that union could not pursue charging party’s grievance to arbitration.
1503.02000 – Regulations Considered (By Number)
Vickers’ request did not meet the requirements of PERB Regulation 32410 because it neither contained the requisite specificity nor alleged the limited grounds that could support a grant of reconsideration.