Decision A305H – Trustees of the California State University

LA-CE-566-H

Decision Date: December 11, 2000

Decision Type: PERB Decision

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Perc Vol: 25
Perc Index: 32022

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.