Decision A346E – Lodi Unified School District
SA-CE-2081-E
Decision Date: February 11, 2005
Decision Type: Administrative Appeal
Description: The district requested that the Board excuse its late-filed response to CSEA’s exceptions.
Disposition: The Board granted the district’s request, finding good cause because the district’s justification was “reasonable and credible.” The district explained that its late filing was due to an attorney’s plausible explanation that an ordinarily reliable clerical employee inadvertently neglected to file the document by fax or personal service, resulting in the filing occurring one day late.
Perc Vol: 29
Perc Index: 92
Decision Headnotes
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Under PERB Regulation 32136, the Board may excuse a late filing for good cause. The Board has found good cause in situations where the justification was “reasonable and credible.” The Board has deemed “honest mistakes,” such as mailing or clerical errors, to show good cause. In this case, the Board excused a late filing based upon an attorney’s plausible explanation that an ordinarily reliable clerical employee inadvertently neglected to file the document by fax or personal service resulting in the filing occurring one day late. Therefore, the justification was “reasonable and credible.” If justification for the late filing is “reasonable and credible,” the Board then evaluates whether there is prejudice to the charging party. Here, the proof of service showed the document to have been properly and timely served on CSEA.
1503.02000 – Regulations Considered (By Number)
Under PERB Regulation 32136, the Board may excuse a late filing for good cause. The Board has found good cause in situations where the justification was “reasonable and credible.” The Board has deemed “honest mistakes,” such as mailing or clerical errors, to show good cause. In this case, the Board excused a late filing based upon an attorney’s plausible explanation that an ordinarily reliable clerical employee inadvertently neglected to file the document by fax or personal service resulting in the filing occurring one day late. Therefore, the justification was “reasonable and credible.” If justification for the late filing is “reasonable and credible,” the Board then evaluates whether there is prejudice to the charging party. Here, the proof of service showed the document to have been properly and timely served on CSEA.