State of California (Department of Insurance) and California State Employees Association (Nylander-McGuire) (PERB A282S)

STATE
	OF
	CJl.LIPORNIA
DECISION
	OF
	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
LORELEI 	NYLANDER-McGUIRE,
Charging
	Party,
v.
STATE
	OF
	CALIFORNIA
	(DEPARTMENT
OF
	INSURANCE) ,
Respondent.
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LORELEI 	NYLANDER-McGUIRE,
Charging
	Party,
v.
CALIFORNIA STATE
	EMPLOYEES
ASSOCIATION,
	SEIU, 	AFL-CIO,
LOCAL
	1000,
Respondent.
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Case
	No.
	LA-CE-371-S
Administrative
	Appeal
PERB
	Order
	No. 	Ad-282-S
May
	6, 	1997
Case
	No.
	LA-CO-70-8
Appearance:	
Lorelei
	Nylander-McGuire,
	on
	her
	own
	behalf.
Before 	Caffrey,
	Chairman; 	Johnson 	and 	Dyer,
	Members.
DECISION
CAFFREY,
	Chairman:
	This 	case
	is
	before 	the 	Public
Employment
	Relations
	Board
	(PERB
	or
	Board) 	on
	appeal 	by
	Lorelei
Nylander-McGuire 	(Nylander-McGuire)
	of 	the
	PERB
	appeals
assistant's 	rejection
	of 	her 	untimely
	filed
	January
	27, 	1997
letter.
On
	January 	13, 	1997, 	Nylander-McGuire 	timely 	filed
	an

appeal
1	
of
	a
	Board
	agent's
	dismissal
	of
	her
	unfair
	practice
charge
	alleging
	that
	the
	State
	of
	California
	(Department
	of
Insurance)
	violated
	the
	Ralph
	C.
	Dills
	Act
	(Dills
	Act)
2
by
cancelling
	her
	benefits.
	On
	January
	30, 	1997,
	Nylander-McGuire
filed
	a
	different
	document
	after
	the
	due
	date
	for
	filing
	an
appeal 	of
	the 	dismissal.
	On
	February
	6,
	1997,
	the
	PERB
	appeals
assistant
	rejected
	the
	January
	30,
	1997,
	filing
	as 	untimely
filed.
PERB
	Regulation
	32136
	provides:
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.
On
	appeal,
	Nylander-McGuire
	provides
	no
	explanation
	for
	her
late 	filing.
	The
	Board
	is
	precluded
	from
	finding
	good
	cause
exists
	to
	excuse
	a
	late 	filing
	when
	a
	party
	fails
	to
	provide
	any
explanation 	for
	the 	untimeliness.
	(Sonoma
	County
	Office 	of
Education
	(1992)
	PERB
	Order
	No.
	Ad-230.)
	Therefore, 	Nylander-
McGuire's 	appeal
	is
	rejected.
1
The
	appeal
	filed
	by Nylander-McGuire
	referred 	to
	Case
No. 	LA-CE-371-S 	and 	LA-CO-70-S.
	In
	Case
	No. 	LA-CO-70-S,
California 	State
	Employees
	Association,
	SF.TU, 	AFL-CIO,
	Local
	1000
(Nylander-McGuire)
	(1997} 	PERB
	Decision
	No.
	1195-S,
	the 	Board
granted 	Nylander-McGuire's 	request 	to
	withdraw
	that 	appeal 	and
dismissed 	the 	unfair 	practice 	charge.
2
The
	Dills
	Act
	is 	codified 	at
	Government 	Code
	section
	3512
et 	seq. 
2

ORDER
Lorelei
	Nylander-McGuire's
	request
	that
	the
	Board
	accept 	her
late 	filed
	documents
	in
	Case
	No. 	LA-CE-371-S
	is
	hereby
	DENIED.
Members
	Johnson and
	Dyer
	joined
	in
	this
	Decision.
3