Decision A370H – Regents of the University of California

LA-CE-1006-H

Decision Date: February 29, 2008

Decision Type: PERB Decision

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Perc Vol: 32
Perc Index: 47

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

Charging party’s request to reopen the case to file a factual letter, which was submitted after the charge had been dismissed and after time to appeal the dismissal had elapsed, is treated as an appeal of the dismissal. Such appeal cannot be considered unless PERB exercises its jurisdiction under PERB Regulation 32136 to excuse the late filing for good cause. Where charging party’s factual letter, which PERB received subsequent to PERB’s dismissal of the charge, existed prior to the deadline to appeal the dismissal, employee organization’s claim that charging party’s trip out of the country and incapacitating sickness upon his return caused the late submission, where no dates for such trip incapacity were provided, failed to state good cause to excuse the late filing. Employee organization’s claim that charging party’s factual letter, submitted after PERB had dismissed charging party’s case, was filed late because employee organization’s president changed his employment and the handling of the charge was transferred to another steward, where no dates of those events were given and where the president did not leave his employment until the date the appeal of the dismissal was due, fails to excuse the late filing of the factual letter. Where steward knew on October 10, 2007, that charging party’s factual letter had not been included in a charge that had been dismissed by PERB, failure to file the letter as an appeal of the dismissal until 22 days after that knowledge precludes the Board from finding good cause for a late filing under PERB Regulation 32136.

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
1109.01000 – In General

Charging party’s request to reopen the case to file a factual letter, which was submitted after the charge had been dismissed and after time to appeal the dismissal had elapsed, is treated as an appeal of the dismissal. Such appeal cannot be considered unless PERB exercises its jurisdiction under PERB Regulation 32136 to excuse the late filing for good cause, which must be reasonable and credible.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

PERB Regulation 32136 permits the Board to excuse a late filing if the excuse is reasonable and credible. Where steward knew on October 10, 2007, that charging party’s factual letter had not been included in a charge that had been dismissed by PERB, failure to file the letter as an appeal of the dismissal until 22 days after that knowledge precludes the Board from finding good cause for a late filing under PERB Regulation 32136.