Decision A425M – City of Oakland (Oakland Fire Department)
SF-CE-1251-M
Decision Date: June 24, 2015
Decision Type: Administrative Appeal
Description: Charging party e-filed an appeal from PERB’s Office of the General Counsel’s dismissal of his MMBA unfair practice charge against the employer, but failed to include a proof of service. Thereafter, charging party re-filed his appeal together with proof of service at a PERB Regional Office but not at PERB Headquarters. After granting several extensions, PERB’s Appeals Assistant determined that charging party had not timely filed an appeal in conformance with PERB regulations and dismissed his appeal.
Disposition: Under PERB Regulation 32136, a late filing may be accepted for good cause. The Board has excused a late filing sent to the wrong PERB office, but otherwise filed, served, and received in advance of the filing deadline. The Board concluded that in this instance, good cause would excuse the filing of the appeal at a regional office because: (1) charging party had properly e-filed a timely albeit incomplete appeal together with a timely filed proof of service and had also filed a signed original appeal and proof of service at a PERB Regional Office and (2) the employer suffered no prejudice.
Perc Vol: 40
Perc Index: 15
Decision Headnotes
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Under PERB Regulation 32136, a late filing may be accepted for good cause. The Board has excused late filings where a short, non-prejudicial delay resulted from circumstances beyond the control of the filing party and the filing party’s explanation was either credible on its face or corroborated by supporting evidence. The Board has found good cause to accept a late filing in the case of honest mistakes and where an untimely filing was a result of honest error resulting from miscommunications by an unrepresented appellant. With respect to a filing in the improper PERB office, the Board has excused a late filing sent to the wrong PERB office, but otherwise filed, served, and received in advance of the filing deadline.
1503.02000 – Regulations Considered (By Number)
Under PERB Regulation 32136, a late filing may be accepted for good cause. The Board has excused late filings where a short, non-prejudicial delay resulted from circumstances beyond the control of the filing party and the filing party’s explanation was either credible on its face or corroborated by supporting evidence.