United Teachers of Los Angeles (PERB A348E)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
MASOUD MOHSENI,
Charging Party,
v.
UNITED TEACHERS OF LOS ANGELES,
Respondent.
Case No. LA-CO-1165-E
Administrative Appeal
PERB Order No. 	Ad-348
J u n e 	1 0 , 	2005
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Appearances: Masoud Mohseni, on his own behalf; Geffner & Bush by Kathleen M. Erskine,
Attorney, for United Teachers of Los Angeles.
Before Duncan, Chairman; Whitehead and Shek, Members.
DECISION
SHEK, Member: This case is before the Public Employment Relations Board (PERB
or Board) on a request by Masoud Mohseni (Mohseni) that the Board accept his late-filed
exceptions to the proposed decision of a PERB administrative law judge (ALJ).
BACKGROUND
The ALJ's proposed decision in Case No. LA-CO-1165-E was served on the parties on
December 31, 2004. The cover letter accompanying the proposed decision explained that
PERB Regulation 323001 requires that any exceptions must be filed with the Board itself
within 20 days of the date of service of the proposed decision. 	Additionally, PERB
Regulation 32130(c) provides a five-day extension of the filing deadline for documents filed
by mail. 	The letter also explained that a party may request an extension of time to file
exceptions and stated that an extension request must be filed at least three days before the date
PERB regulations are codified at California Code Regulations, title 8, section 31001,
et seq.
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exceptions are due. (PERB Reg. 32132(a).) Accordingly, absent an extension of time, any
exceptions to the ALJ's proposed decision in this case were due to be filed with the Board on
or before January 25, 2005.
On March 17, 2005, Mohseni filed exceptions to the ALJ's proposed decision along
with a request that the Board accept his late filed appeal. Mohseni's request stated, in relevant
part:
The reason for my decision to appeal this case after the deadline
is because in late December (2004) and most of the winter (2005)
I was sick and in a lot of pain. I visited several doctors and if
necessary verifications can be provided.
DISCUSSION
PERB Regulation 32136 provides that the Board may excuse a late filing for good
cause. The Board has found good cause to exist in situations where the explanation was
"reasonable and credible." (Barstow Unified School District (1996) PERB Order No. Ad-277.)
The Board has interpreted this to mean that the party made a conscientious effort to timely file
and the delay did not cause prejudice to any party. (United Teachers of Los Angeles (Kestin)
(2003) PERB Order No. Ad-325.)
When a late filing is caused by an alleged illness, the party must still demonstrate a
conscientious effort to timely file. (North Monterey County Unified School District (1996)
PERB Order No. Ad-274 (North Monterey County): State of California (Department of Social
Services) (2001) PERB Order No. Ad-308-S (Social Services).) In Social Services, the party
claimed a "serious illness" which prevented his timely filing. A doctor visit verification form
indicated that the party was unable to work for a specified period of time. 	Although the party
submitted proof of his illness, the Board found he did not explain how the illness prevented
him from making a conscientious effort in timely filing. (See also, State of California (State
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Teachers Retirement System) (1999) PERB Order No. Ad-296-S [a party's attorney claimed he
was ill but did not explain how his illness affected his ability to timely file]; State of California
(2001) PERB Order No. Ad-309-S [party did not explain how depression and anxiety
prevented a timely filing]; North Monterey County [no explanation how family illness
impacted timely filing].)
In the present case, Mohseni claims that he was ill for several months. He offered to
provide verification that he had visited several doctors. 	Evidence of his visits with several
doctors, uncorroborated by a reasonable and credible explanation of how his illness prevented
his prompt filing, does not reasonably excuse Mohseni from his obligation to make a
conscientious effort to file timely.
ORDER
Masoud Mohseni's request that the Board accept his late-filed exceptions in Case
No. LA-CO-1165-E is hereby DENIED.
Chairman Duncan and Member Whitehead joined in this Decision.
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