In re Grievance of Edward Von TurkovichAnnotate this Case
Grievant Edward von Turkovich appealed a Vermont Labor Relations Board decision denying his motion to enlarge the time for him to file a notice of appeal. Grievant filed an employment grievance with the Board in January 2017. Grievant’s employer filed an answer and a motion to dismiss the next month. Grievant filed a memorandum in opposition to the motion to dismiss in late March 2017. On the same day, the attorney representing grievant (attorney) moved offices. Prior to the move, attorney’s law firm notified the United States Postal Service (USPS) that it should forward the firm’s mail to the new address, but attorney did not update the firm’s address with the Board, as required by Board rule. On June 13, 2017, the Board dismissed the grievance. That same day, the Board mailed the order dismissing the grievance to the address attorney had provided, which was attorney’s former address. The Board’s envelope read “return service requested,” which led the USPS to return the order to the Board rather than forwarding it to attorney. The USPS took thirty-four days to do so, returning the mail on July 17, 2017. It is unknown what caused the delay in returning the mail. When returning the mail, the USPS provided the Board with attorney’s forwarding address. The Board mailed the order to attorney a second time on July 18, 2017, this time to the current address, as provided by the USPS, and attorney received it on July 20, 2017. The Board also posted the decision on its website three days after it issued the order. The Board denied the request, concluding there was no showing of excusable neglect or good cause, and therefore there was no basis to permit an extension of time. Attorney conceded he made a mistake and could not show good cause. Therefore, the only issue on appeal was whether the Board erred in finding the failure to file was not due to excusable neglect. The Vermont Supreme Court affirmed the denial: "The delayed notice was within attorney’s control and is analogous to a breakdown in internal office procedures, which we repeatedly have found is not excusable neglect."