Decision A477H – Regents of the University of California

SF-CE-1188-H, SF-CE-1189-H, and SF-CE-1192-H

Decision Date: March 4, 2020

Decision Type: PERB Decision

Description:  In this consolidated matter, the American Federation of State, County and Municipal Employees Local 3299 (AFSCME) and the University Professional and Technical Employees Communications Workers of America Local 9119 (UPTE) filed an administrative appeal, alleging good cause for late-filed exceptions.  Charging Party Teamsters Local 2010 (Teamsters) had requested and been granted an extension of time to file exceptions, and AFSCME and UPTE’s exceptions were rejected by the Board’s appeals assistant when they filed on Teamsters’ extended date rather than the normal deadline.  The Board assessed whether good cause existed to accept the late filing.

Disposition:  The Board granted AFSCME and UPTE’s appeal, finding good cause for the late filing, and accepting AFCME and UPTE’s exceptions.

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Decision Headnotes

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

The Board in this consolidated matter granted two Charging Parties’ appeal from an administrative determination which rejected their joint exceptions as untimely. The Board noted that the parties’ stipulation that they intended and understood one Charging Party’s request for an extension of time was on behalf of all Charging Parties was a reasonable and credible explanation for the untimely filing. Further, the Board noted that the confusion caused by the multiple parties and consolidated proceedings distinguished the circumstances from instances where the Board has found an attorney error is not good cause for late filing.