Regents of the University of California (California State Employees Association) (PERB 0340H)

1 printed pages contain little extracted OCR body text; searchable legal-body completeness has not been established for those pages.

OCR transcription for search; preserved printed pages are authoritative

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD

CALIFORNIA STATE EMPLOYEES'
ASSOCIATION,
Charging Party, Case No. SF-CE-85-H

Ve PERB Decision No. 340-H

REGENTS OF THE UNIVERSITY OF August 24, 1983

CALIFORNIA,

Respondent.

Appearances: Howard Eberhart, Steward, for California State
Employees' Association,

Before Tovar, Jaeger and Morgenstern, Members.

DECISION AND ORDER

TOVAR, Member: This case is before the Public Employment
Relations Board (PERB) on appeal by the California State
Employees' Association (CSEA) to an administrative law judge's
(ALJ) dismissal of complaint and case closure.

PERB regulation section 32652 (California Administrative
Code, title 8, part III), states that ". . . If a request for
hearing is not filed within six months from the date of the
issuance of the complaint, the complaint will be dismissed
unless good cause is shown." The ALJ held that pending
settlement discussions are not sufficient reason to delay

setting a case for hearing within six months after the issuance

of the complaint and, consequently, closed the case.

After a careful review of the record, we agree with the ALJ
that CSEA's desire to continue negotiating a settlement does
not excuse its failure to meet the time limits established by
PERB Rule 32652.
However, on appeal, CSEA maintains that its request for
hearing was timely filed. The basis for CSEA's assertion is an
alleged telephone conversation with the ALJ during which,
according to CSEA, he granted the employee organization an
extension of time to file the request for hearing. CSEA
asserts that it submitted its request within the extended time
limits and, on this basis, argues that the ALJ acted improperly
in dismissing the complaint.
We reject CSEA's argument because PERB regulations are
clear that any request for an extension of time within which to
file any document with a Board agent shall be in writing and
filed three days before the expiration of the time required for
filing. 1
1PERB Regulation 32132 states:
32132. 	Extension of Time.
(b) A request for an extension of time
within which to file any document with a
Board agent shall be in writing and shall be
filed with the Board agent at least three
days before the expiration of the time
required for filing. The request shall
indicate the reason for the request and, if
known, the position of each other party
regarding the extension. Service and proof
2

Since CSEA did not comply with the terms of the applicable
regulation, we ORDER that the above-referenced case be
DISMISSED.
Members Jaeger and Morgenstern joined in this Decision.
of service pursuant to Section 32140 are
required. 	Extensions of time may be granted
by the Board agent for good cause only.
w

STATE OF CALIFORNIA
PUBLIC EMPLOYMENT RELATIONS BOARD
CALIFORNIA STATE EMPLOYEES'
ASSOCIATION,
Charging Party,
v .
REGENTS OF THE UNIVERSITY OF
CALIFORNIA,
Respondent.
Case No. SF-CE-85-H
NOTICE OF DISMISSAL OF
COMPLAINT AND CASE CLOSURE
NOTICE IS HEREBY GIVEN that the above-captioned unfair
practice complaint issued on March 8, 1982 is DISMISSED because
of Charging Party's failure to timely pursue this matter.
Pending settlement discussions are not sufficient reason to
delay setting a case for hearing within six months after
issuance of the complaint. Accordingly, the case is closed.
This action may be appealed to the Public Employment
Relations Board (hereafter PERB) itself within twenty (20)
calendar days after service of this Notice pursuant to
California Administrative Code, title 8, part III,
section 32630 (b) (2) and (c) . Such appeal must be actually
received by the Executive Assistant to the PERB at
1031 18th Street, Sacramento, CA 95814, before the close of
business (5:00 p.m. ) on November 15, 1982 in order to be timely

filed. 	Such appeal must be in writing, must be signed by the
charging party or its agent, and must contain the facts and
arguments upon which the appeal is based. The appeal must be
accompanied by proof of service upon all parties. 	(See
sections 32124, 32140 and 32142.)
DATED: 	October 26, 1982 GERALD A. BECKER
Administrative Law Judge
2