International Union of Operating Engineers, Local 12, Public Services Division (Myers) (PERB 0941S)

STATE 	OP 	CALIFORNIA
DECISION OP 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
LINDA 	KAY MYERS,
Charging 	Party,
v.
INTERNATIONAL 	UNION OF 	OPERATING
ENGINEERS, 	LOCAL 	12, 	PUBLIC SERVICE
DIVISION,
Respondent.
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) 	Case No. 	LA-CO-50-S
PERB Decision No. 	941-S
June 10, 	1992
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Appearances: 	Linda Kay Myers, 	on her own behalf; 	Richard G.
Funderburg, 	Bargaining Unit 	12 Coordinator, 	for International
Union of Operating Engineers, 	Local 	12, 	Public Service Division.
Before Hesse, 	Chairperson, 	Caffrey and Carlyle, 	Members.
DECISION AND 	ORDER
HESSE, 	Chairperson: 	This case is before the Public
Employment 	Relations 	Board 	(PERB 	or Board) 	on appeal 	by Linda 	Kay
Myers 	(Myers) 	of a Board agent's 	dismissal of her charge 	that the
International Union of Operating Engineers, 	Local 	12, 	Public
Service Division violated 	section 3519(a) 	of the Ralph C. 	Dills
Act.1
PERB Regulation 32635(a),2 which governs review of
dismissals, 	states, 	in pertinent part:
The appeal 	shall:
1The Ralph C. 	Dills Act 	is 	codified at Government Code
section 3512 	et 	seq.
2PERB 	Regulations 	are 	codified 	at 	California Administrative
Code, 	title 8, 	section 31001 	et seq.
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(1) 	State the 	specific 	issues 	of procedure,
fact, 	law or rationale to which the appeal 	is
taken;
(2) 	Identify the page or part of the
dismissal 	to which each appeal 	is 	taken;
3) 	State the grounds 	for each 	issue 	stated.
PERB Regulation 32635(b) 	states:
(b) 	Unless good cause is 	shown, 	a charging
party may 	not present 	on appeal 	new charge
allegations 	or new 	supporting 	evidence.
Myers' 	appeal, 	in its entirety, 	consists of an amended
unfair practice charge. 	This 	appeal does 	not comply with PERB
Regulation 32635, 	as 	it does 	not 	identify which portions 	of the
dismissal 	are 	challenged, 	nor does 	it 	indicate the grounds 	for
the appeal. 	Further, 	Myers has 	not demonstrated good cause 	for
the 	Board 	to 	consider her 	new charge 	allegations 	or 	new
supporting evidence. 	The Board has 	held that 	compliance with
regulations 	governing appeals 	is 	required 	to 	afford 	the
respondent 	and 	the 	Board 	an adequate 	opportunity 	to 	address 	the
issues 	raised, 	and noncompliance will warrant dismissal 	of 	the
appeal. 	(Oakland Education Association 	(Baker) 	(1990) 	PERB
Decision No. 	827, 	p. 	2; 	United Teachers - Los Angeles 	(Abboud. 	et
al. ) 	(1989) PERB Decision No. 	738, p. 	2.) 	The Board, therefore,
rejects 	the appeal.
The unfair practice charge 	in Case No. 	LA-CO-50-S 	is hereby
DISMISSED WITHOUT LEAVE 	TO AMEND.
Members 	Caffrey 	and Carlyle 	joined 	in this 	Decision.
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