Decision A449E – Lake Elsinore Unified School District

LA-CE-6082-E

Decision Date: June 28, 2017

Decision Type: Administrative Appeal

Description:  Charging parties, who were public school employees, appealed from an administrative determination, which had rejected as untimely their attempted amendment to a previously-filed statement of exceptions to a proposed decision in the underlying unfair practice case.  The appeal asked the Board to find good cause to excuse the late filing because one of charging parties had a family emergency.

Disposition:  Even after applying a five-day extension of the deadline for service by mail and the weekend/holiday extension of time provided for by PERB Regulations, charging parties’ administrative appeal was itself untimely by four days and, because charging parties had not shown good cause for the untimely administrative appeal, the Board declined to reach the merits of their argument that good cause existed to excuse the late filing of their proposed amendment to the statement of exceptions.

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Perc Vol: 42
Perc Index: 17

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Pursuant to PERB Regulations 323601 and 32136, Charging Parties appealed from the Appeals Assistant’s determination and request that the Board excuse the late filing and consider the attempted amendment to their statement of exceptions when deciding the merits of the underlying unfair practice charge. Because Charging Parties’ appeal from an administrative determination was itself untimely filed, the Board denied the appeal and declined to consider whether Charging Parties had established good cause to excuse their prior late filing, which was the subject of the appeal.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.01000 – In General

Pursuant to PERB Regulations 323601 and 32136, Charging Parties appealed from the Appeals Assistant’s determination and request that the Board excuse the late filing and consider the attempted amendment to their statement of exceptions when deciding the merits of the underlying unfair practice charge. Because Charging Parties’ appeal from an administrative determination was itself untimely filed, the Board denied the appeal and declined to consider whether Charging Parties had established good cause to excuse their prior late filing, which was the subject of the appeal.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

Pursuant to PERB Regulations 323601 and 32136, Charging Parties appealed from the Appeals Assistant’s determination and request that the Board excuse the late filing and consider the attempted amendment to their statement of exceptions when deciding the merits of the underlying unfair practice charge. Because Charging Parties’ appeal from an administrative determination was itself untimely filed, the Board denied the appeal and declined to consider whether Charging Parties had established good cause to excuse their prior late filing, which was the subject of the appeal.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

Pursuant to PERB Regulations 323601 and 32136, Charging Parties appealed from the Appeals Assistant’s determination and request that the Board excuse the late filing and consider the attempted amendment to their statement of exceptions when deciding the merits of the underlying unfair practice charge. Because Charging Parties’ appeal from an administrative determination was itself untimely filed, the Board denied the appeal and declined to consider whether Charging Parties had established good cause to excuse their prior late filing, which was the subject of the appeal.