Decision 2023M – County of San Bernardino (County Library)

LA-CE-450-M

Decision Date: May 12, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 85

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.04000 – Amendments

Board found good cause to excuse late filing of amended charge where charging party made a conscientious attempt to timely file amended charge, the amended charge was postmarked on the date due for filing as a result of honest error based on “misunderstood communications” between the charging party and the Board agent, and there was no evidence of prejudice resulting from the brief delay. A late filing may be excused at the discretion of the Board for good cause only. Once excused, the filing becomes timely (PERB Regulation 32135).

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

Board found good cause to excuse late filing of amended charge where charging party made a conscientious attempt to timely file amended charge, the amended charge was postmarked on the date due for filing as a result of honest error based on “misunderstood communications” between the charging party and the Board agent, and there was no evidence of prejudice resulting from the brief delay. A late filing may be excused at the discretion of the Board for good cause only. Once excused, the filing becomes timely (PERB Regulation 32135).

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.12000 – Extensions of Time

Board found good cause to excuse late filing of amended charge where charging party made a conscientious attempt to timely file amended charge, the amended charge was postmarked on the date due for filing as a result of honest error based on “misunderstood communications” between the charging party and the Board agent, and there was no evidence of prejudice resulting from the brief delay. A late filing may be excused at the discretion of the Board for good cause only. Once excused, the filing becomes timely (PERB Regulation 32135).

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

Board found good cause to excuse late filing of amended charge where charging party made a conscientious attempt to timely file amended charge, the amended charge was postmarked on the date due for filing as a result of honest error based on “misunderstood communications” between the charging party and the Board agent, and there was no evidence of prejudice resulting from the brief delay. A late filing may be excused at the discretion of the Board for good cause only. Once excused, the filing becomes timely (PERB Regulation 32135).