Decision A325E – United Teachers of Los Angeles
LA-CO-1084-E
Decision Date: May 22, 2003
Decision Type: Administrative Appeal
Description: Board rejected charging party’s request to excuse her five-month-late appeal, which she based on claim that the dismissal letter was “lost in the mail.”
Disposition: Request to excuse late filing denied. Board will excuse late filing where non- prejudicial delay of short duration resulted from circumstances beyond the control of the filing party or from excusable misinformation and where the filing party’s explanation was either credible on its face or was corroborated by other facts or testimony. Proof of service established presumption that dismissal letter was properly served on charging party. Charging party’s unsworn, unexplained statement that dismissal letter was “lost in the mail” was uncorroborated and insufficient to overcome presumption of proper service. Board’s finding supported by all the circumstances of the case. No good cause for late filing; motion denied and appeal rejected as untimely.
Perc Vol: 27
Perc Index: 85
Decision Headnotes
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Under PERB Reg. 32136, Board will excuse a late filing where there is a non-prejudicial delay of short duration that resulted from circumstances beyond the control of the filing party or from excusable misinformation and where the filing party’s explanation was either credible on its face or was corroborated by other facts or testimony. Here, the requesting party provided only an unsworn, uncorroborated and unexplained statement that the dismissal was lost in the mail. This does not support good cause in face of a sworn proof of service.
1503.02000 – Regulations Considered (By Number)
Under PERB Reg. 32136, Board will excuse a late filing where there is a non-prejudicial delay of short duration that resulted from circumstances beyond the control of the filing party or from excusable misinformation and where the filing party’s explanation was either credible on its face or was corroborated by other facts or testimony. Here, the requesting party provided only an unsworn, uncorroborated and unexplained statement that the dismissal was lost in the mail. This does not support good cause in face of a sworn proof of service.