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

LA-CE-450-M

Decision Date: May 12, 2009

Decision Type: PERB Decision

Description:  Charging Party alleged that the county violated the MMBA by engaging in unfair hiring practices and violating the county’s local rules The Board agent’s warning letter stated that the charge failed to state a cause of action.  Charging Party mailed her amended charge with a postmark on the last day for filing.  The Board agent did not consider the late filed amended charge and dismissed the charge based on the reasons set forth in the warning letter.

Disposition:  Board found good cause to excuse late filing of amended charge holding that 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” and there was no evidence of prejudice resulting from the brief delay.  The Board remanded that case to the General Counsel’s office for consideration of the amended charge.  The Board did not make a finding on the merits of the Board agent’s dismissal.

View Full Text (PDF)

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).