California Faculty Association (Gregg) (PERB A271H)

STATE
	OF
	CALIFORNIA
DECISION
	OF
	THE
PUBLIC
	EM.PLOYMENT
	RELATIONS
	BOARD
REBECCA
	GREGG,
Charging
	Party,
v.
CALIFORNIA
	FACULTY
	ASSOCIATION,
Respondent.
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Case
	No.
	LA-C0-51-H
Administrative
	Appeal
PERB
	Order
	No. 	Ad-271-H
December
	15,
	1995
Appearances:	
Rebecca 	Gregg
	on
	her
	own
	behalf;
	Rothner,
	Segall,
Bahan	
&	
Greenstone
	by
	Della
	Bahan,
	Attorney,
	for 	California
Faculty 	Association.
Before 	Caffrey,
	Chairman;
	Garcia
	and
	Johnson,
	Members.
DECISION
CAFFREY,
	Chairman:
	This 	case
	is
	before 	the 	Public
Employment
	Relations
	Board
	(PERB
	or
	Board) 	on
	a
	request
	filed
	by
filed
	Rebecca
	Gregg
	(Gregg)
	that
	the
	Board
	accept 	her 	untimely
appeal 	of
	a
	Board
	agent's
	dismissal
	of
	her
	unfair 	practice
charge.
BACKGROUND
was
	The
	dismissal 	of 	Gregg's
	unfair 	practice
	charge
	served
on
	the 	parties
	by
	mail
	on August 	25, 	1995.
	PERB
	Regulation
32635(a)
1	
requires 	that
	an 	appeal 	of
	a
	dismissal 	of 	an
	unfair
practice
	charge 	be
	filed
	with 	the
	Board
	itself
	within
	20
	days 	of
the 	date 	of 	service 	of 	the 	dismissal.
	PERB
	Regulation 	32130(c)
provides
	a
	five-day 	extension 	of 	the
	filing
	deadline 	for
filed
	by
	mail. 	Accordingly, 	an 	appeal 	of 	the 	dismissal
	documents
1 PERB
	regulations 	are 	codified 	at 	California
	Code
	of
Regulations,
	title
	8,
	section 	31001
	et 	seq.

of
	Gregg's
	charge
	was
	due
	to
	be
	filed
	with
	the
	Board
	no
	later
than
	September
	19, 	1995.
On
	October
	3, 	1995, 	Gregg
	sent
	a
	letter
	to 	the
	Board
"requesting
	a
	review"
	of
	her 	case. 	In 	her
	letter,
	Gregg
discusses
	her 	attempts
	to
	respond
	to
	the
	Board
	agent's
	deadlines
for
	filing
	an
	amendment
	to
	her
	unfair 	practice
	charge,
	but
	she
fails
	to
	explain
	why
	the
	untimely
	filing
	of 	the
	appeal 	of
	the
dismissal
	of
	her
	charge 	should
	be 	excused.
DISCUSSION
PERE
	Regulation
	32136
	states:
A
	late 	filing
	may
	be
	excused
	in
	the
discretion
	of
	the
	Board
	for
	good
	cause 	only.
A
	late 	filing
	which
	has 	been 	excused
	becomes
a
	timely
	filing
	under
	these 	regulations.
The 	Board
	has
	held
	that
	where
	a
	party
	fails
	to
	provide
	any
explanation 	for
	filing
	documents
	late,
	the
	Board
	is
	precluded
from
	finding 	that
	good
	cause
	exists.
	(Sonoma
	County
	Office 	of
Education
	(1992)
	PERE
	Order
	No.
	Ad-230.)
In 	this
	case,
	Gregg
	provided
	no
	explanation 	for 	her
	failure
to 	timely
	file
	her 	appeal 	with 	the
	Board.
	Therefore, 	the
	Board
finds
	that
	good
	cause 	does
	not
	exist 	to
	excuse 	Gregg's 	untimely
filed
	appeal 	of 	the
	Board
	agent's 	dismissal 	of 	her 	unfair
practice
	charge.
ORDER
Gregg's 	request 	that 	the
	Board
	accept 	her untimely
	filed
appeal 	of 	the
	Board
	agent's 	dismissal 	of 	her 	unfair 	practice
charge 	in
	Case 	No. 	LA-CO-51-H
	is
	hereby
	DENIED.
Members 	Garcia 	and 	Johnson 	joined 	in 	this 	Decision.
2