Decision A391M – City and County of San Francisco

SF-CE-657-M

Decision Date: November 9, 2011

Decision Type: PERB Decision

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Perc Vol: 36
Perc Index: 81

Decision Headnotes

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

Good cause found under PERB Regulation 32136 for accepting late-filed appeal from dismissal of charge, where delay in filing was caused by circumstances beyond charging party’s control. Charging party timely mailed appeal, but the United States Postal Service inexplicably returned envelope with the notation “no such number” and respondent was not prejudiced by the delay. No good cause found to consider new evidence on appeal, where charging party failed to provide reason why evidence could not have been presented with charge or amended charge.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.06000 – Statutory and Equitable Tolling

Equitable tolling inapplicable, where charge does not allege any facts to show that complaint before City Civil Service Commission was filed pursuant to a “bilaterally agreed-upon dispute resolution procedure.”

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

Good cause found under PERB Regulation 32136 for accepting late-filed appeal from dismissal of charge, where delay in filing was caused by circumstances beyond charging party’s control. Charging party timely mailed appeal, but the United States Postal Service inexplicably returned envelope with the notation “no such number” and respondent was not prejudiced by the delay.