Decision A391M – City and County of San Francisco
SF-CE-657-M
Decision Date: November 9, 2011
Decision Type: Administrative Appeal
Description: The charge alleged that the City and County of San Francisco violated the MMBA by demoting an employee without regard to his seniority rights. A motion to accept a late-filed appeal was filed.
Disposition: The Board granted the motion to accept the late-filed appeal for good cause shown and upheld the dismissal of the charge for failure to establish a prima facie case of discrimination under the MMBA.
Perc Vol: 36
Perc Index: 81
Decision Headnotes
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.
1101.06000 – 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.”
1107.01000 – 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.