Decision A275S – State of California (Department of Youth Authority) (Janowicz)
LA-CE-257-S
Decision Date: May 22, 1996
Decision Type: Administrative Appeal
Description: Employee requests that Board excuse his late filed request for reconsideration.
Disposition: Request denied for failure to demonstrate good cause to excuse late filing.
Perc Vol: 20
Perc Index: 27101
Decision Headnotes
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Under PERB Regulation 32136, if excuse for late filing is reasonable and credible, the Board will then focus on whether permitting a late filing would be prejudicial to the opposing party; good cause not found where charging party waited one year to file until he received a ruling from another forum involving different statutes, the merits of the case were considered in Superior Court, and Board dismissed complaint based on collateral estoppel, since to allow late filing would be unduly burdensome on the other party; p. 5.
1503.03000 – Regulations Considered (By Number) (Continued)
Under PERB Regulation 32136, if excuse for late filing is reasonable and credible, the Board will then focus on whether permitting a late filing would be prejudicial to the opposing party; good cause not found where charging party waited one year to file until he received a ruling from another forum involving different statutes, the merits of the case were considered in Superior Court, and Board dismissed complaint based on collateral estoppel, since to allow late filing would be unduly burdensome on the other party; p. 5.