Decision A372E – California School Employees Association and Its Chapters 246, 336 and 617

LA-CO-1324-E

Decision Date: April 21, 2008

Decision Type: PERB Decision

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Perc Vol: 32
Perc Index: 72

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Under PERB Regulation 32136, the Board may excuse a late filing for good cause. The Board has found good cause in situations where the justification was “reasonable and credible.” The Board has deemed “honest mistakes,” such as mailing or clerical errors, to show good cause. In this case, the Board excused a late filing based upon an attorney’s plausible explanation that an ordinarily reliable clerical employee inadvertently neglected to file the document by fax or personal service but still timely served CSEA with the appeal. Upon being notified that it failed to file its appeal with PERB, the District immediately faxed the document to PERB. Therefore, the justification was “reasonable and credible.” If justification for the late filing is “reasonable and credible,” the Board then evaluates whether there is prejudice to the charging party. Here, the proof of service showed the document to have been properly and timely served on CSEA.

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

Under PERB Regulation 32136, the Board may excuse a late filing for good cause. The Board has found good cause in situations where the justification was “reasonable and credible.” The Board has deemed “honest mistakes,” such as mailing or clerical errors, to show good cause. In this case, the Board excused a late filing based upon an attorney’s plausible explanation that an ordinarily reliable clerical employee inadvertently neglected to file the document by fax or personal service but still timely served CSEA with the appeal. Upon being notified that it failed to file its appeal with PERB, the District immediately faxed the document to PERB. Therefore, the justification was “reasonable and credible.” If justification for the late filing is “reasonable and credible,” the Board then evaluates whether there is prejudice to the charging party. Here, the proof of service showed the document to have been properly and timely served on CSEA.