Decision 2229M – Fallbrook Public Utility District


Decision Date: January 10, 2012

Decision Type: PERB Decision

Description:  Pecore appealed dismissal of amended charge, which was dismissed as untimely by the Board agent.  Proof of service showed that the amended charge was mailed the day before it was due.  District made no showing of prejudice.

Disposition:  The Board vacated the dismissal of an unfair practice charge and remanded the matter to the Office of the General Counsel for further investigation and processing because the Board found good cause to excuse Pecore’s tardy filing of his amended charge.

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Perc Vol: 36
Perc Index: 103

Decision Headnotes

1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Pursuant to PERB Regulation 32136, the Board may excuse a late filing for good cause. The Board has previously excused late filings which have gone astray. In this case, the Board excused a late filing based upon the Board’s conclusion that the charging party mailed his amended charge prior to the Board agent’s deadline. On appeal, charging party provided the Board with a proof of service, signed under penalty of perjury, establishing that charging party deposited the amended charge in the mail prior to the Board agent’s deadline and respondent filed no objection to charging party’s petition to excuse the tardy filing.