Decision A393E – Santa Monica Community College District

LA-CE-5581-E

Decision Date: February 29, 2012

Decision Type: PERB Decision

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Perc Vol: 36
Perc Index: 134

Decision Headnotes

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

Board found good cause to excuse respondent’s late-filed response to the appeal from the dismissal of the unfair practice charge under PERB Regulation 32136 where respondent’s response to the appeal was prepared in a timely fashion, respondent made a conscientious effort to timely file, respondent filed timely at a PERB regional office but due to a secretarial error failed to file at PERB headquarters, respondent corrected the filing defect immediately upon discovery, the charging party did not file a response to the administrative appeal, and there was no prejudice to charging party by the late filing.

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

Board found good cause to excuse respondent’s late-filed response to the appeal from the dismissal of the unfair practice charge under PERB Regulation 32136 where respondent’s response to the appeal was prepared in a timely fashion, respondent made a conscientious effort to timely file, respondent filed timely at a PERB regional office but due to a secretarial error failed to file at PERB headquarters, respondent corrected the filing defect immediately upon discovery, the charging party did not file a response to the administrative appeal, and there was no prejudice to charging party by the late filing.

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

Board found good cause to excuse respondent’s late-filed response to the appeal from the dismissal of the unfair practice charge under PERB Regulation 32136 where respondent’s response to the appeal was prepared in a timely fashion, respondent made a conscientious effort to timely file, respondent filed timely at a PERB regional office but due to a secretarial error failed to file at PERB headquarters, respondent corrected the filing defect immediately upon discovery, the charging party did not file a response to the administrative appeal, and there was no prejudice to charging party by the late filing.