West Contra Costa Unified School District (PERB 1404E)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
WEST CONTRA COSTA UNIFIED SCHOOL
DISTRICT,
Employer,
and
PUBLIC EMPLOYEES UNION, LOCAL ONE,
Exclusive Representative.
Case No. SF-UM-561-E
PERB Decision No. 	1404
S e p t e m b e r 	1 2 , 	2000
Appearances: 	Atkinson, Andelson, Loya, Ruud & Romo by Joshua E. Morrison, Attorney, for
West Contra Costa Unified School District; Kathy Rollins, Senior Business Agent, for Public
Employees Union, Local One.
Before Dyer, Amador and Baker, Members.
DECISION
AMADOR, Member: 	This case comes before the Public Employment Relations Board
(Board) on exceptions filed by the Public Employees Union, Local One (Local One) to a
hearing officer's proposed decision (attached) granting a unit modification petition filed by the
West Contra Costa Unified School District (District). The District's petition seeks to remove
the classifications of cafeteria leadworker and cook/manager 1, school lunch (cook manager)
from the general services, maintenance and operations unit represented by Local One.

After reviewing the entire record including Local One's exceptions and the District's
response, the Board hereby affirms the ALJ's proposed decision and adopts it as the decision of
the Board itself.1
ORDER
The unit modification petition in Case No. SF-UM-561-E is hereby AFFIRMED.
Members Dyer and Baker joined in this Decision.
In its exceptions, Local One points out that at page 6 of the proposed decision, an
erroneous reference is made to the union to which Donna Butler (Butler) belongs. It appears
that this is an inadvertent error which did not affect the outcome of the case. The record
supports Local One's assertion that Butler is a member of Local One.
22

STATE 	OF 	CALIFORNIA
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
WEST 	CONTRA 	COSTA UNIFIED 	SCHOOL
DISTRICT,
Employer,
and
PUBLIC 	EMPLOYEES 	UNION,
LOCAL ONE,
Exclusive Representative.
)
)
) 	Representation
Case No. 	SF-UM-561
PROPOSED 	DECISION
(5/4/2000)
)
)
)
)
)
)
)
)
Appearances: 	Atkinson, 	Andelson, 	Loya, 	Ruud & Romo by
Joshua E. 	Morrison, 	Attorney, 	for West Contra Costa Unified
School District; 	Kathie Rollins, 	Senior Business Agent, 	for
Public Employees Union, 	Local One.
PROCEDURAL 	HISTORY
On March 29, 	1999,1 the West 	Contra 	Costa Unified 	School
District 	(District) 	timely 	filed a unit 	modification petition
with the 	Public 	Employment 	Relations 	Board 	(PERB 	or Board) 	to
remove 	the 	classifications 	of 	cafeteria 	leadworker 	and
cook/manager 1, 	school 	lunch 	(cook manager), 	from the general
services, 	maintenance 	and operations 	unit 	represented by 	Public
Employees Union, 	Local One 	(Local One) .2 Local 	One 	filed its
opposition to 	the 	request 	on April 	19. 	A settlement
conference/investigation held on June 	21 	failed 	to 	resolve 	the
1All dates 	herein are 	1999 	unless 	otherwise 	noted.
2PERB Regulation 32781(b)(4) 	affords 	an employer the
opportunity to petition to 	delete 	classifications 	or positions
which 	are 	inappropriate 	to 	the 	unit 	during 	the 	window period of 	a
collective bargaining agreement. 	(PERB 	regulations 	are 	codified
at 	California Code of Regulations, 	title 	8, 	section 31001 et
seq.)

matter, 	and a 	formal 	hearing was held on November 	15, 	16 	and 17.
Briefs were 	filed and the 	case was 	submitted on January 21, 	2000.
FACTS
Food service 	employees work at 	each of 	the District's 	42
elementary and 	10 	secondary schools. 	Only the 	secondary schools
employ cook managers 	and cafeteria 	leadworkers. 	The 	two 	cook
managers 	oversee 	kitchens 	in which 	food 	is 	prepared 	and 	served.
The 	eight 	cafeteria 	leadworkers 	oversee 	kitchens 	which 	receive
and 	serve 	food 	from the 	central 	kitchen and various 	vendors.
Heidy Camorongan has 	been 	the 	Director of 	Food 	Services 	for
16 	years. 	Reporting directly to her are Gwendolyn White 	and
Robin Wilson, 	food service 	area supervisors. 	White 	and Wilson
each supervise 	food 	service 	employees 	at 	five 	secondary schools,
including 	one 	cook manager 	and 	four 	cafeteria 	leadworkers 	each.3
Camorongan holds monthly meetings 	attended by White, 	Wilson, 	cook
managers 	and 	cafeteria 	leadworkers.
Visits 	to 	the 	kitchens 	by White 	and Wilson are 	sporadic,
often 	less 	than once 	a week, 	and typically last 	from 	15-30
minutes. 	Generally, 	they visit 	a 	site when they are 	called by a
cook manager 	or 	cafeteria 	leadworker 	to 	troubleshoot 	problems
with computers 	or point-of-sale 	cash registers, 	address
disciplinary problems, 	or deliver supplies. 	Phone contact 	is
3Wilson 	and White 	also 	each 	supervise 	food 	service 	employees
at 	20 	elementary schools. 	Wilson testified that 	she 	supervises
more 	than 75 	food service employees, 	including substitutes, 	who
are 	in the bargaining unit. 	White 	stated that 	she 	supervises 	40-
50 employees.
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much more 	frequent, 	and 	is 	also 	typically 	initiated by the 	cook
manager 	or 	cafeteria 	leadworker.
Cook managers 	and 	cafeteria 	leadworkers 	work 	five 	days 	a
week. 	Their hours vary 	from five 	hours 	a 	day 	(in a 	school 	with
no breakfast program) 	to 	seven and a half 	or eight 	hours. 	The
number of 	other 	food 	service 	employees 	(school 	lunch worker 	I's,
II's 	and cashiers) 	at each kitchen varies 	from four to nine, 	and
their shifts vary from one 	to 	five hours. 	In addition, 	some
sites 	employ 	from two to 	ten 	student 	volunteers, 	who 	are 	selected
by the 	cook managers 	and cafeteria 	leadworkers.
Cook managers 	and 	cafeteria 	leadworkers 	oversee 	the
operation of 	the 	kitchen while working alongside 	the 	other 	food
service 	employees 	as 	a team. 	Any problems 	that 	arise 	are
resolved by 	the 	cook manager 	or 	cafeteria 	leadworker.
All 	of 	the 	kitchens 	have 	cafeteria 	lines 	and 	snack bars;
some 	also have 	food carts 	and at 	least 	one has 	a 	Taco Bell
concession. 	Some 	of 	the 	cook managers 	and cafeteria 	leadworkers
rotate 	the 	job assignments 	of 	the 	employees 	in their kitchens;
others 	do not. 	The decision to do 	so 	is made by the 	cook
managers 	and 	cafeteria 	leadworkers 	based on 	such 	factors 	as 	past
practice 	and the 	desires 	and 	skill 	levels 	of 	the 	employees.
The 	cook managers 	and 	leadworkers 	independently 	select 	food
items 	from established 	inventory 	and vendor 	lists 	for 	their
kitchens, 	and propose 	items 	to be added to those 	lists. 	They
also 	set 	their 	school 	menus within the parameters 	of 	the
available 	food 	lists. 	All 	of 	the 	cook managers 	and cafeteria
3
3

leadworkers 	have 	a 	desk with a 	computer where 	they do 	their
paperwork; 	some 	desks 	are 	located 	in a 	space 	separate 	from the
kitchen.4
Cook managers 	and 	cafeteria 	leadworkers 	organize 	promotional
activities 	to encourage 	students 	to use 	the 	cafeterias. 	Examples
of 	these 	activities 	include 	Beanie 	Baby and cookie 	give-aways 	to
students 	selected by 	computer.
Food 	service 	employees 	are 	required 	to 	report 	their 	absences
to 	the 	food 	service 	office 	downtown. 	The 	office will 	then call
the 	cook manager or 	cafeteria 	leadworker 	to 	inform her 	of 	the
absence. 	Some 	food 	service 	employees 	also notify their 	cook
manager 	or 	cafeteria 	leadworker 	directly of 	their 	absence.
Cafeteria 	Leadworker 	Glenda Anderson 	testified 	that 	she 	requires
her 	employees 	to 	call 	her before 	calling 	the 	food 	service 	office.
Breakfast 	workers 	report 	their 	absences 	first 	to 	their 	cook
manager or 	cafeteria 	leadworker, 	since breakfast 	begins 	before
the 	food 	service 	office 	opens.
Substitutes 	are 	assigned by a 	secretary 	in 	the 	food 	service
office. 	If 	a cook manager or cafeteria 	leadworker requests 	a
particular 	substitute, 	that 	request 	is 	honored based on
availability. 	In addition, 	requests 	that 	a certain substitute
not 	be 	assigned are 	also honored. 	Sometimes 	they may be given
the 	choice of 	an unwanted substitute or none at 	all. 	Because of
the 	shortage 	of 	food 	service 	substitutes 	in the 	District,
4Cashiers 	also have 	a designated work 	space.
4

absences 	in the 	kitchens go uncovered approximately 2 0 	percent 	of
the time.
Many of 	the 	cook managers 	and 	cafeteria 	leadworkers 	have
prepared duty statements 	for the 	jobs 	in their kitchens. 	These
are used as 	a 	training tool 	for new substitutes.
When no 	substitute 	is 	available 	for an absence 	at 	lunchtime,
the 	cook manager or 	cafeteria 	leadworker 	typically 	closes 	a 	snack
bar window, 	and, 	as one witness testified, 	the kitchen staff
"picks up the pace." 	Sometimes additional 	time 	(overtime) 	is
necessary to 	cover the 	extra work. 	The 	cook manager or cafeteria
leadworker 	then decides 	how much 	time 	is 	assigned and 	to which
employees. 	Use 	of 	additional 	time must 	be pre-approved by the
area 	supervisors or the 	food service director. 	If no one 	is
available 	in the 	food 	service 	office 	to 	approve 	such a 	request,
the 	cook manager or 	cafeteria 	leadworker will 	leave 	a message
that 	she 	is 	assigning the 	time 	and to which employees. 	Testimony
indicated 	that 	while 	the 	cook managers 	and 	cafeteria 	leadworkers
must 	justify these 	requests, 	they are 	always granted. 	After the
work 	is 	completed, 	the 	cook manager or 	cafeteria 	leadworker will
report 	the 	amount 	of 	additional 	time 	worked by each 	employee.
While 	some 	cook managers 	and 	cafeteria 	leadworkers 	are 	not
aware 	that 	the 	Local 	One 	contract5 requires 	that 	additional 	time
be 	assigned by 	seniority 	to 	permanent 	employees 	before 	long-term
5See 	Joint 	Exhibit 	1 	(collective bargaining 	agreement
between the District 	and Local 	One).
55
•

substitutes,6 they all 	tend to 	follow this 	practice. 	Exceptions
are made, 	however. 	Cook Manager Cathryn Reiker testified that
she 	does 	not 	assign overtime 	to one 	employee who works 	too
slowly, 	and Anderson stated that 	she 	does 	not 	assign additional
time 	to 	one 	employee because 	of 	her unavailability.
When a breakfast worker 	is 	absent without 	prior notice, 	the
cook manager or 	cafeteria 	leadworker may fill 	in. 	One 	leadworker
testified that 	if 	she 	knows 	about 	a breakfast 	absence 	in advance,
she will 	ask one of 	her permanent 	lunch employees 	to 	cover 	it
rather than request 	a 	substitute. 	She 	then informs 	the office,
and usually will 	"get 	an okay with that." 	Substitutes 	are not
called 	for absent 	student 	employees.
Overtime 	is 	pre-approved by Camorongan 	for 	cook managers 	and
cafeteria 	leadworkers 	during 	the 	month of 	September 	for
processing 	student 	applications 	for 	the 	District's 	free/reduced
meal 	program. 	The 	cook managers 	and cafeteria 	leadworkers 	often
assign overtime 	to 	the 	employees 	in their kitchens 	to 	assist 	them
in processing 	these 	applications.
The 	Local 	One 	contract 	allows 	for 	logging 	overtime 	in 	5-10
minute 	increments 	and 	submitting 	the 	log 	for payment 	when 	an hour
has accrued. 	Donna Butler, 	a cafeteria leadworker for 10 	years,
testified that 	she 	felt 	intimidated by her 	area 	supervisor 	into
not 	reporting her overtime. 	Butler, 	who 	is also a California
School 	Employee Association 	job 	steward and 	a 	long-term member of
6A 	significant 	number of 	food 	service 	positions 	are 	filled
by 	long-term 	substitutes.
66

the negotiating 	team, 	said that 	she 	has 	been 	"given the 	third
degree" 	by Wilson when requesting overtime. 	She 	stated that 	she
always 	feels 	threatened 	that 	her 	request 	might 	not 	be 	approved
when overtime 	is 	needed 	for 	anything 	other 	than 	an 	absence 	or
schedule 	change. 	Nevertheless, 	Wilson has 	never denied her
requests.
White 	and Wilson are 	currently 	responsible 	for 	completing
all 	food 	service 	evaluations. 	However, 	since 	they are 	rarely at
the 	sites 	to observe 	employees 	at 	work, 	they rely almost
completely on 	information 	solicited 	from 	the 	cook managers 	and
cafeteria 	leadworkers 	in 	filling out 	the 	evaluation 	form. 	The
only 	information 	to which 	they have 	direct 	access 	is 	attendance
records.
While none 	of 	the 	cook managers 	or 	cafeteria 	leadworkers 	are
required 	to 	fill 	out 	evaluations 	for the 	employees 	in their
kitchens, 	some have performed evaluations 	during past years,
especially 	for 	substitute 	employees.7 Glenda Anderson 	testified
that 	during her 	11-year 	tenure 	as 	cafeteria 	leadworker 	she 	has
prepared all 	the 	evaluations 	for employees 	at 	her 	site.
Food 	service 	vacancies 	are 	filled 	from the 	top 	three
candidates 	on an eligibility list. 	Candidates 	are 	certified 	for
the 	list 	by a majority vote 	of 	a 	joint 	labor/management 	team,
then placed on the 	list 	by seniority. 	The 	top 	three 	candidates
are 	interviewed by either Camorongan, 	Wilson or White.
7Evidence 	of 	evaluations 	completed by cook managers 	and
cafeteria 	leadworkers 	subsequent 	to 	the 	filing 	of 	the 	unit
modification 	is 	disregarded.
77

Camorongan 	then 	selects 	an 	individual 	to 	fill 	the vacancy. 	Most
food 	service vacancies 	are 	filled 	through promotions 	of 	permanent
food 	service 	employees 	and 	the 	hiring of 	substitute 	employees.
Camorongan testified that 	she 	relies 	on 	input 	from White 	and
Wilson when making hiring decisions. 	They, 	in turn, 	obtain their
information 	from the 	cook managers 	and 	cafeteria 	leadworkers.
Camorongan 	also 	testified 	that 	she 	does 	not 	refer 	to 	evaluations
when making decisions 	regarding promotions 	or 	step 	increases.
She 	stated 	that 	she 	knows 	the permanent 	employees, 	and would hear
any complaints 	about 	their performance 	from their 	cook manager 	or
cafeteria 	leadworker.
ISSUE
Are 	cook managers 	and 	cafeteria 	leadworkers 	supervisory
employees within the meaning of 	the 	Educational 	Employment
Relations Act 	(EERA)?8
DISCUSSION
EERA section 3540.1(m) 	defines 	a 	supervisory employee 	as
follows:
"Supervisory employee" 	means 	any employee,
regardless of 	job description, 	having
authority 	in the 	interest 	of 	the 	employer 	to
hire, 	transfer, 	suspend, 	lay off, 	recall,
promote, 	discharge, 	assign, 	reward, or
discipline other employees, 	or the
responsibility 	to 	assign work 	to 	and direct
them, 	or to adjust 	their grievances, 	or
effectively recommend such action, 	if, 	in
connection with the 	foregoing 	functions, 	the
exercise 	of 	that 	authority is not 	of 	a merely
8EERA is 	codified at 	Government 	Code 	section 3540 	et 	seq.
Unless otherwise 	indicated, 	all 	statutory references 	herein are
to 	the Government 	Code.
88

routine or clerical 	nature, 	but 	requires 	the
use 	of 	independent 	judgment.
The 	Board has 	held that 	since 	section 	3540.1(m) 	is written
in 	the 	disjunctive, 	an employee need only perform or effectively
recommend one 	of 	the 	enumerated 	functions 	or duties 	to 	be 	found
to be 	a 	supervisor. 	(Sweetwater Union High School 	District
(1976) 	EERB9 Decision No. 	4 	(Sweetwater).) 	The performance of
supervisory duties 	must 	include 	the use 	of 	independent 	judgement.
Routine 	or 	clerical 	decision making which does 	not 	require 	the
use 	of 	independent 	judgment 	precludes 	a 	finding 	of 	supervisory
status. 	(Lincoln Unified School 	District 	(1997) 	PERB Decision
No. 	1194 	(Lincoln) 	citing Unit Determination of 	the 	State of
California 	(1980) 	PERB Decision No. 	llOc-S.) 	In California State
University 	(1983) 	PERB Decision No. 	351-H, 	the Board held that
. 	. 	. 	Independent judgment is indicated where
the performance 	of 	duties 	includes 	the
opportunity to make 	a 	clear 	choice 	between
two 	or more 	significant 	alternative 	courses
of 	action and the power 	to make 	that 	choice
is without 	broad review and approval. 	Such
functions 	are 	characterized by 	significant
autonomy 	and control 	over 	the 	decision-making
or 	recommending processes. 	Where 	substantial
review or prior approval 	is 	required, 	either
by specific 	action or existing policy, 	a
finding 	of 	independent 	judgement 	is
precluded. 	[Citation.]
In this 	case, 	the District 	argues 	that 	cook managers 	and
cafeteria 	leadworkers 	possess 	supervisory authority 	in 	a 	number
of 	the 	functions enumerated above. 	First, 	the District 	asserts
that 	cook managers 	and 	cafeteria 	leadworkers 	effectively
9Prior to January 1, 	1978, 	PERB was known as 	the Educational
Employment 	Relations 	Board.
99

recommend 	hiring 	and promotional 	decisions 	through 	their
involvement 	in the 	evaluation process. 	The District 	claims 	that
Camorongan makes 	hiring 	and promotional 	decisions 	based 	on 	input
from the area supervisors, 	who, 	in turn, 	get their information
regarding 	employee 	performance 	from 	the 	cook managers 	and
cafeteria 	leadworkers.
Interpreting 	the 	statutory definition of 	supervisor, 	the
Board has 	noted that 	final 	decisions 	regarding hiring, 	discipline
and 	salaries 	are 	traditionally 	reserved 	to persons 	far 	removed
from the 	employee's 	immediate 	supervisor. 	(Campbell 	Union High
School District 	(1978) 	PERB Decision No. 	66 	(Campbell);
Sweetwater.) 	Therefore, 	the ability to indirectly, 	but
effectively, 	bring about 	changes 	in employment 	status, 	usually
through the evaluation process, 	is 	accorded great weight.
Accordingly, 	supervisory 	status will 	be 	afforded an employee 	if
she 	or he 	has 	the 	authority to 	effectively recommend promotion,
discharge or hiring. 	(Campbell.) 	However, 	conducting
evaluations 	or 	effectively recommending 	the 	outcome 	of 	the
evaluation process 	is 	only 	indicative 	of 	supervisory 	status 	when
it 	can be 	shown to have 	an effect 	on promotions 	and terminations
and when it 	is not 	subject 	to 	substantial 	review. 	(Lincoln;
Hemet Unified School District 	(1990) 	PERB Decision No. 	820;
Sanger Unified School District 	(1989) 	PERB Decision No. 	752
(Sanger); 	State of California, 	supra, 	PERB Decision No. 	llOc-S.)
While 	some 	cook managers 	and 	cafeteria 	leadworkers 	have
sporadically performed evaluations 	(and one 	has 	done 	so
10

consistently), 	this 	responsibility currently lies with the area
supervisors. 	They rely almost 	completely on 	information 	from the
cook managers 	and 	cafeteria 	leadworkers 	when making 	performance
assessments. 	However, 	there was no evidence presented regarding
the 	extent 	to which 	these 	evaluations 	are 	reviewed or modified by
Camorongan. 	More 	importantly, 	Camorongan does not 	refer to 	the
evaluations 	when making promotional 	or hiring 	decisions.
Instead, 	she 	relies 	on her personal 	knowledge 	of 	the 	candidates
on the 	eligibility 	list, 	and on 	information 	from the 	area
supervisors, 	who 	interview the applicants. 	Only if 	she were
unsure 	about 	the 	performance 	of 	a particular 	individual 	would 	she
consult 	the 	cook managers 	and 	cafeteria 	leadworkers.
Even 	if 	the 	opinions 	of the 	cook managers 	and 	cafeteria
leadworkers were 	sought, 	there was no evidence 	as 	to the 	extent
upon which 	their opinions 	are 	relied when 	filling 	a vacancy 	in
food 	service. 	Such remote participation 	in the 	hiring process,
if 	any, 	does not 	rise to the 	level 	of 	"effective 	recommendation"
as 	described above.
However, 	cook managers 	and cafeteria 	leadworkers 	do possess
other 	indicia of 	supervisory authority, 	such as 	the 	authority to
assign and direct 	work at 	their sites. 	While 	the 	food 	service
employees work as 	a 	team and 	some 	kitchens may 	"run 	like 	a well-
oiled machine", 	it 	is 	the 	cook managers 	and cafeteria 	leadworkers
who 	decide 	whether 	to 	rotate 	staff 	assignments 	and whether 	to use
a 	substitute 	to cover an absence. 	Additionally, 	they are 	"the
only 	authority on-site 	and neither 	substantial 	review nor prior
11

- -
approval 	is 	required 	for 	them to 	carry out 	day-to-day operations
of 	their kitchens." 	(Antioch Unified School 	District 	(1984) 	PERB
Decision No. 	415 at Ad. 	Det., 	p. 	9, 	citing California State
University, 	supra, 	PERB Decision No. 	351-H.)
Cook managers 	and 	cafeteria 	leadworkers 	also 	demonstrate
supervisory 	authority 	by 	effectively 	recommending 	the
authorization of 	overtime. 	(Sanger; 	San Diego Unified School
District 	(1977) 	EERB Decision No. 	8.) 	District 	policy requires
the 	cook managers 	and cafeteria 	leadworkers 	to 	obtain prior
approval 	to 	assign additional 	time 	to 	the 	food 	service workers,
and they must 	also 	justify their requests. 	However, 	these
decisions 	are often made prior to receiving approval, 	and it 	is
the 	cook managers 	and 	cafeteria 	leadworkers 	who 	determine 	how
much time 	is 	assigned to which 	individuals. 	Coupled with the
fact 	that 	their requests 	are never denied, 	these 	factors 	lead to
a 	determination 	that 	cook managers 	and 	cafeteria 	leadworkers
effectively 	recommend 	the 	assignment 	of 	overtime 	in 	their
kitchens.
CONCLUSION AND 	ORDER
For the 	reasons 	stated above, 	it 	is 	found that 	the positions
of 	cook/manager 	1, 	school 	lunch, 	and cafeteria 	leadworker are
supervisory. 	Therefore, 	the unit modification petition filed by
the 	West 	Contra 	Costa Unified 	School 	District 	to 	delete 	these
positions 	from the 	unit 	represented by 	Public 	Employees 	Union,
Local One, 	is GRANTED.
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Pursuant 	to California Code of Regulations, 	title 	8,
section 	32305, 	this 	Proposed Decision and Order 	shall 	become
final 	unless 	a party 	files 	a 	statement 	of 	exceptions 	with the
Board itself within 20 	days 	of 	service of 	this Decision. 	The
Board's 	address 	is:
Public 	Employment 	Relations 	Board
Attention: 	Appeals Assistant
1031 	18th 	Street
Sacramento, 	CA 95814-4174
FAX: 	(916) 	327-7960
In accordance with PERB regulations, 	the 	statement 	of
exceptions 	should 	identify by page 	citation 	or 	exhibit 	number 	the
portions 	of 	the record, 	if 	any, 	relied upon for such exceptions.
(Cal. Code Regs., 	tit. 	8, 	sec. 	32300.)
A document 	is 	considered 	"filed" 	when 	actually 	received
before the close of business 	(5 p.m.) 	on the last 	day set 	for
filing 	or when mailed by certified or 	Express 	United 	States 	mail,
as 	shown on the postal 	receipt 	or postmark, 	or delivered to 	a
common carrier promising overnight 	delivery, 	as 	shown on the
carrier's 	receipt, 	not 	later than the 	last 	day set 	for 	filing.
(Cal. Code Regs., 	tit. 	8, 	sec. 	32135(a); see also Cal. Code
Regs., tit. 8, sec. 32130.)
A document 	is 	also 	considered 	"filed" 	when 	received by
facsimile 	transmission before 	the 	close 	of 	business 	on 	the 	last
day 	for 	filing 	together with 	a 	Facsimile 	Transmission 	Cover 	Sheet
which meets the requirements of Cal. 	Code Regs., 	tit. 8, 	sec.
32135(d), 	provided the 	filing party also places 	the original,
together with 	the 	required number 	of 	copies 	and proof 	of 	service,
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in the U.S. mail. 	(Cal. Code. Regs., tit. 	8, 	secs. 32135(b), 	(c)
and 	(d); 	see also Cal. 	Code Regs., 	tit. 	8, 	secs. 	32090 and
32130.)
Any 	statement 	of 	exceptions 	and 	supporting brief 	must 	be
served 	concurrently with 	its 	filing upon 	each party 	to 	this
proceeding. 	Proof 	of 	service 	shall 	accompany each 	copy 	served on
a party or 	filed with the Board itself. 	(See 	Cal. 	Code Regs.,
tit. 8, secs. 32300, 32305, 32140, and 32135 (c) .)
Jerilyn Gelt
Hearing 	Officer
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