Decision A365E – Grossmont-Cuyamaca Community College District * * * SUPERSEDED, IN PART, by PERB Regulation 32110, effective 2/15/2021
LA-SV-145-E
Decision Date: June 20, 2007
Decision Type: Administrative Appeal
* * *SUPERSEDED, IN PART, by PERB Regulation 32110, effective 2/15/2021* * *
Description: The charging party appealed a Board agent’s determination that its severance petition was filed late.
Disposition: The Board affirmed the dismissal and held that the representation petition was untimely filed, where it was filed after close of business (5:00 p.m.) on the last day of the window period. The Board affirmed the Board agent’s finding that a good cause consideration under PERB Regulation 32136 was inappropriate to extend the deadline beyond the end of the window period.
Perc Vol: 31
Perc Index: 113
Decision Headnotes
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
* * * SUPERSEDED IN PART by PERB Regulation 32110, effective 2/15/2021, which provides an 11:59 PM deadline for electronic filings, though the decision has continuing relevance for unrepresented individuals who choose to file documents by mail or in person. * * *
A representation petition was untimely filed when it was filed after close of business (5:00 p.m.) on the last day of the day set for filing. In determining the timeliness of a filing, the Board applied the regulations that were in effect at the time the filing of the petition occurred.
1301.04000 – Window Period
* * * SUPERSEDED IN PART by PERB Regulation 32110, effective 2/15/2021, which provides an 11:59 PM deadline for electronic filings, though the decision has continuing relevance for unrepresented individuals who choose to file documents by mail or in person. * * *
A representation petition was untimely filed when it was filed after close of business (5:00 p.m.) on the last day of the day set for filing. The Board affirmed the Board agent’s finding that a good cause consideration under PERB Regulation 32136 was inappropriate to extend the deadline beyond the end of the window period.