Decision A373E – Newport-Mesa Unified School District

LA-CE-5125-E

Decision Date: May 9, 2008

Decision Type: PERB Decision

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Perc Vol: 32
Perc Index: 77

Decision Headnotes

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

Charging party argued that he did not timely file an appeal of the dismissal of his charge because he was traveling out of “personal necessity.” He offered no further explanation or documentation to support or explain a delay of almost three months. The Board found his argument neither reasonable nor credible and denied his request to excuse his late-filed appeal. Charging party asserted, without further explanation, that “reasons of health” caused a delay in filing an appeal. The Board has held that a party must explain how an illness precluded timely filing, when arguing that a health-related reason delayed filing. Charging party did not satisfy this requirement. Therefore, Charging party did not demonstrate good cause to excuse his late-filed appeal.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.20000 – Other

Charging party argued that he did not timely file an appeal of the dismissal of his charge because he was traveling out of “personal necessity.” He offered no further explanation or documentation to support or explain a delay of almost three months. The Board found his argument neither reasonable nor credible and denied his request to excuse his late-filed appeal. Charging party asserted, without further explanation, that “reasons of health” caused a delay in filing an appeal. The Board has held that a party must explain how an illness precluded timely filing, when arguing that a health-related reason delayed filing. Charging party did not satisfy this requirement. Therefore, Charging party did not demonstrate good cause to excuse his late-filed appeal.

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

Charging party argued that he did not timely file an appeal of the dismissal of his charge because he was traveling out of “personal necessity.” He offered no further explanation or documentation to support or explain a delay of almost three months. The Board found his argument neither reasonable nor credible and denied his request to excuse his late-filed appeal. Charging party asserted, without further explanation, that “reasons of health” caused a delay in filing an appeal. The Board has held that a party must explain how an illness precluded timely filing, when arguing that a health-related reason delayed filing. Charging party did not satisfy this requirement. Therefore, Charging party did not demonstrate good cause to excuse his late-filed appeal.