Decision A368E – Los Angeles Unified School District
Decision Date: November 15, 2007
Decision Type: Administrative Appeal
Description: Employee filed a motion to re-open the record after her case was dismissed. Charging party mistakenly listed her witness on the notice of appearance form. As a result, the Board agent’s warning letter was sent to the witness and charging party did not receive the warning letter before the charge was dismissed.
Disposition: The Board found the request was more properly considered an appeal of the dismissal of her charge. The Board found good cause to excuse the late filed appeal and remanded the case to the General Counsel’s Office to allow the charging party an opportunity to file an amended charge.
Perc Vol: 31
Perc Index: 158
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Late filing excused. Charging party mistakenly listed her witness on the notice of appearance form. As a result, the warning letter was sent to the witness. Charging party did not have an opportunity to respond to the warning letter before the charge was dismissed; p. 4. No prejudice to the school district as the district did not file a response to charging party's late filed request. In addition, the district will have an opportunity to respond if a complaint is subsequently issued; p. 4.
1107.03000 – Remand for Further Hearing; Remand to General Counsel
Remand to General Counsel's office to allow charging party an opportunity to file an amended charge as charging party did not receive warning letter prior to dismissal of the charge; p. 4.
1107.19000 – Motion to Reopen Record
Although charging party characterizes her request as a motion to reopen the record, the request is more properly considered an appeal of the dismissal of her charge; p. 1.