Alum Rock School District (PERB A147E)

ALUM 	ROCK SCHOOL 	DISTRICT,
and
CALIFORNIA SCHOOL EMPLOYEES
ASSOCIATION,
and
TEAMSTERS 	LOCAL No. 	165.
STATE OF 	CALIFORNIA
DECISION OF 	THE
PUBLIC EMPLOYMENT 	RELATIONS 	BOARD
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) 	Case 	No. 	SF-D-129
(R-377B)
PERB 	Order 	No. 	Ad-147
Administrative 	Appeal
August 	6, 	1985
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Appearances: 	Beeson, 	Tayer 	& 	Bodine 	by 	Neil 	Bodine 	for
Teamsters 	Local 	No. 	165.
Before 	Jaeger, 	Burt 	and 	Porter, 	Members.
DECISieN
PORTER, 	Memb~r: 	We 	review 	an 	administrative 	determination
by 	the 	executive 	director 	dismissing, 	as 	untimely 	filed, 	an
appeal 	from 	a 	decertification 	election 	decision 	of 	a 	regional
director. 	We 	have 	concluded 	that 	the 	executive 	director's
determination 	was 	proper 	but 	that 	there 	were 	extraordinary
circumstances 	which 	justify 	the 	Board 	excusing 	the 	late 	filing.
The 	California 	School 	Employees 	Association 	filed 	a
decertification 	petition with 	a 	regional 	office 	of 	this 	Board
concerning 	a 	unit 	of 	classified 	employees 	which 	is 	represented
by 	Teamsters 	Local 	165 	(Teamsters). 	The 	Teamsters 	contended
that 	an 	extension 	of 	their 	contract 	with 	the 	school 	district
employer 	barred 	the 	petition.

On 	April 	8, 	1985, 	the 	regional 	director 	issued 	and 	served
an 	administrative 	decision 	which 	found 	that 	the 	petition 	was
not 	barred 	by 	the 	contract 	extension.
On 	April 	18, 	1985, 	prior 	to 	midnight, 	the 	Teamsters'
attorney's 	office 	placed 	a 	certified 	mail 	appeal 	in 	the 	U.S.
Mail 	at 	the 	main 	post 	office 	in 	Sacramento. 	The 	Teamsters'
attorney's 	office had 	found 	through 	prior 	experiences 	that
certified 	mail 	deposited 	at 	the 	city 1 s 	main post 	office 	prior
to 	midnight 	would 	be 	postmarked 	with 	the 	pre-midnight 	deposit
date.
On 	April 	22, 	1985, 	the 	Board 	received 	by certified 	mail
postmarked 	April 	19, 	1985, 	the 	Teamsters' 	appeal 	from 	the
administrative 	decision. 	The 	executive 	director 	then 	issued
and 	served 	a 	letter 	of 	determination 	rejecting 	the 	mail 	appeal
as 	untimelx 	for 	not 	being postmarked within 	10 days 	of 	the
service 	of 	the 	administrative 	decision.
DISCUSSION
The 	Teamsters 	contend 	that 	they 	acted 	reasonably 	in
depositing 	their 	certified 	mail 	appeal 	in 	the 	U.S. 	Mail 	prior
to 	midnight 	of 	April 	18, 	that 	the 	April 	19 	postmarking 	was
unexpected, 	and 	that 	their 	appeal 	should 	be 	considered 	timely
filed.
2

The
	regional
	director's
	administrative 	decision
	was
	issued
.
and
	served
	on
	April
	8.
	The
	Teamsters
	then
	had
	10
	days
	--to
	and
including 	April
	18-- 	to
	file
	an
	appeal 	with
	the
	Board.
	Such
a
	filing
	could
	be
	timely
	accomplished
	by
	either
	having
	the
appeal
	actually
	received
	by
	the
	Board 	on
	or 	before 	April
	18,
	or
by
	sending
	the
	appeal
	by
	certified
	mail
	postmarked
	on
	or 	before
1
April
	18.
	The
	certified
	mail
	appeal
	was
	received
	at
	the
Board
	on
	April
	22,
	bearing
	a
	postmark
	of 	April 	19.
	Under
	Board
Regulations
	32135
	and 	32360,
	the
	postmarking
	was
	one
	day
	late
and
	the
	executive
	director
	acted 	within 	the
	letter
	of
	Board
Regulation
	32135 	by
	rejecting
	the
	appeal 	as 	untimely
	filed.
2
Notwithstanding
	that
	the
	filing
	was
	untimely,
	this
	Board
may
	excuse
	a
	late 	filing
	if
	there
	were
	extraordinary
circumstances.	
While
	prior
	decisions 	of
	this
	Board
	have
found
	that
	mail 	delays
	are
	not 	unexpected 	occurrences
	and 	do
not
	constitute
	extraordinary
	circumstances 	so 	as
	to
	excuse
	a
late 	filing,
	in 	the
	instant
	case
	it
	was
	not
	a
	mail
	delay
	which
caused 	the
	late 	filing
	but
	an 	unexpected 	postmarking
	of 	the
deposited
	certified
	mail 	with
	the 	date 	of 	the
	day
	after
deposit.
	We
	find 	the 	foregoing
	to 	constitute 	extraordinary
circumstances
	and
	we
	thereby 	excuse
	this
	one-day
	late 	filing.
3 	4
lpERB
	Regulation
	32360 	(8 	Cal.
	Admin. 	Code
	32360)
2pERB
	Regulation
	32135	
(8 	Cal.
	Admin. 	Code 	32135)
3pERB
	Regulation
	32136	
(8 	Cal.
	Admin. 	Code 	32160)
Anaheim 	Union 	High 	School
	District
	(1978} 	PERB
	Order 	No.
Ad-42;
	UC
	Riv,erside 	(1984) 	PERE
	Decision
	No. 	386-H.
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3

The
	Teamsters 	have
	also
	moved
	this
	Board
	for
	an
	order
staying
	the
	election
	proceedings.
	Since
	the
	Board's
	records
indicate
	that
	no
	election
	order
	has
	been
	issued
	by
	the 	regional
director
	pending
	the
	appeal,
	we
	need
	not 	address
	this
	issue
here.
ORDER
Teamsters 	Local
	No.
	165's
	appeal 	of 	the 	regional
	director's
administrative 	decision
	regarding 	the
	decertification 	election
shall
	be
	deemed
	timely
	filed.
The
	Motion
	for
	Stay
	of
	Proceedings
	is
	DENIED
	without
prejudice.
Members
	Jaeger
	and
	Burt
	joined
	in 	this
	Decision.
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