Decision 2232E – United Educators of San Francisco
Decision Date: January 23, 2012
Decision Type: PERB Decision
Description: The charge alleged that UESF breached its duty of fair representation by refusing to pursue Lagos’ grievance to arbitration. Charge was dismissed by Office of General Counsel, although Lagos filed an amended charge within the deadline specified by the Board agent.
Disposition: The Board vacated the dismissal and remanded the matter to the Office of the General Counsel for further investigation and processing of the amended charge.
Perc Vol: 36
Perc Index: 112
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. In this case, the Board excused a late filing based upon the Board’s conclusion that the Board agent dismissed prematurely charging party’s unfair practice charge. Upon examination of the record, the Board concluded that the Board agent provided a deadline for the charging party to supplement his amended charge. The Board agent then dismissed the charge prior to the deadline. Because charging party filed his supplement to his amended charge prior to the deadline, the Board found good cause to excuse the “late” filing.