Decision A374E – Compton Unified School District

LA-CE-5126-E

Decision Date: May 16, 2008

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 32
Perc Index: 83

Decision Headnotes

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

Body’s request to file a late amended charge is treated as an appeal of the dismissal of the charge. (Regents of the University of California (2008) PERB Order No. Ad-370-H; Los Angeles Unified School District (2007) PERB Order No. Ad-368.) The excuse for an untimely filing must be reasonable and credible. (Barstow Unified School District (1996) PERB Order No. Ad-277.) Where a party provides no justification for their late filing, the Board is precluded from finding that good cause exists. (Coachella Valley Unified School District (1998) PERB Order No. Ad-292; State of California (Department of Insurance) (1997) PERB Order No. Ad-282-S.) Charging party has failed to provide justification in the form of reasonable or credible facts on which to find good cause for her late filing thus PERB is precluded from finding good cause to excuse it.

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

Charging party’s request to file a late amended charge is treated as an appeal of the dismissal of the charge. PERB Regulation 32136 provides in pertinent part: “A late filing may be excused in the discretion of the Board for good cause only.”