Decision A305H – Trustees of the California State University
LA-CE-566-H
Decision Date: December 11, 2000
Decision Type: Administrative Appeal
Description: The Board reversed the rejection by the Appeals Assistant of an untimely filed document. The Board found good cause for the late filing pursuant to PERB Regulation 32136, based on the fact that had the document been mailed by certified or express mail on the same day it was mailed by regular first class mail, it would have been accepted as timely. The explanation for the error, set forth in an unrefuted declaration, was not so unreasonable as to be unbelievable and there was no evidence of prejudice resulting from the deficient filing.
Disposition: The Trustees of California State University’s Opposition to Charging Party’s Brief in Support of Appeal from Partial Dismissal is accepted as timely filed
Perc Vol: 25
Perc Index: 32022
Decision Headnotes
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board reversed the rejection by the Appeals Assistant of an untimely filed document. The Board found good cause for the late filing pursuant to PERB Regulation 32136, based on the fact that had the document been mailed by certified or express mail on the same day it was mailed by regular first class mail, it would have been accepted as timely. The explanation for the error, set forth in an unrefuted declaration, was not so unreasonable as to be unbelievable and there was no evidence of prejudice resulting from the deficient filing.
1503.02000 – Regulations Considered (By Number)
The Board reversed the rejection by the Appeals Assistant of an untimely filed document. The Board found good cause for the late filing pursuant to PERB Regulation 32136, based on the fact that had the document been mailed by certified or express mail on the same day it was mailed by regular first class mail, it would have been accepted as timely. The explanation for the error, set forth in an unrefuted declaration, was not so unreasonable as to be unbelievable and there was no evidence of prejudice resulting from the deficient filing.