Decision A314S – State of California (Unemployment Insurance Appeals Board, Department of Industrial Relations and Employment Development Department)


Decision Date: May 2, 2002

Decision Type: Administrative Appeal

Description: The charging party filed, past the deadline, a request for extension of time to file an appeal of the partial dismissal of his unfair practice charge. PERB’s appeals office denied his request as untimely. The charging party then filed a late appeal, which the appeals office deemed an appeal of its earlier denial of his late request for an extension of time.

Disposition: The Board declined to accept the untimely appeal. The charging party’s documents did not address the denial of his request for extension of time. Accordingly, the Board found there was not good cause to grant relief from the denial of the request for extension of time. The Board also found there was not good cause to excuse the late filing of the charging party’s appeal, as no argument for such excuse was presented.

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Perc Vol: 26
Perc Index: 33064

Decision Headnotes

1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Board denied relief from denial of extension of time and refused to accept late-filed appeal where appellant made no showing of “good cause”. Board is precluded from finding good cause if requesting party fails to provide an explanation to excuse a late filing.