Glendale Unified School District and Glendale Community College District (PERB A025E)

STATE
	OF
	CALIFORNA
DECISION
	OF
	THE
	PUBLIC
EMPLOYMENT
	RELATIONS
	BOARD
GLENDALE
	UNIFIED
	SCHOOL
	DISTRICT
	and
GLENDALE
	COMMUNITY
	COLLEGE
	DISTRICT,
Employer,
	APPELLANT,
and
CALIFORNIA
	SCHOOL E:MPLOYEES
	ASSOCIATION,
GLENDALE
	CHAPTER NO.
	3,
Employee
	Organization,
and
SERVICE
	EMPLOYEES
	INTERNATIONAL 	UNION,
LOCAL
	660,
Employee
	Organiza.tion.
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______________________
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ORDER
Case 	No. 	LA-R-19
LA-R-244
PERB
	Order
	No.
	Ad-25
February
	1, 	1978
The
	Public
	Employment
	Relations
	Board
	itself
	hereby
	denies
appeal
	of
	the
	District
	from
	the 	decision 	of
	the 	Executive
	Assistant
rejecting 	appellant's 	filing
	in
	above-captioned 	case.
Public
	Employment
	Relations
	Board
by
CHARLES
	L.
	COLE
Executive 	Director
Jerilou
	Cossack 	Twohey, 	Member,
	concurring:
I
	agree, 	for 	reasons 	unique 	to 	this 	case, 	that 	the
	District's
appeal 	of 	the 	Executive 	Assistant's 	rejection 	of
	its
	exceptions
should 	be 	dismissed.

The
	District's
	exceptions
	to
	the 	hearing
	officer's
	proposed
decision
	were
	due
	on
	October
	11,
	1977.
	An
	extension
	of
	time
	was
granted
	at
	the
	District's
	request;
	the 	exceptions
	were
	then
	due
on
	October
	18, 	1977.
	The
	exceptions
	were
	deposited
	in
	the
	mail
on
	October
	17,
	1977
	but 	not 	received
	by
	the
	Board
	until
	October
	19,
1977.
	The
	Executive
	Assistant
	rejected
	the
	District's
	exceptions
as 	untimely
	on
	October
	28,
	1977.
	The
	rejection
	permitted 	seven
calendar
	days
	for
	appeal.
	The
	District
	appealed
	the
	rejection.
Subsequent
	to
	the 	appeal
	an
	election
	was
	ordered
	by
	the
Los
	Angeles 	Regional
	Director 	in
	the
	two
	units
	found
	appropriate
by
	the 	hearing
	officer.
	The
	election
	was
	held
	on
	January 	17,
	1978
in
	both
	units.
	In
	one
	unit
	CSEA
	Chapter
	3 won
	the
	election
	and
	was
certified
	as
	the 	exclusive
	representative
	on
	January
	27,
	1978.
	In
the
	other 	unit
	no
	employee
	organization 	received
	a
	majority
	and
SEIU,
	Local
	660
	filed
	timely
	objections
	to 	the
	conduct
	of 	the
election.
	These
	objections 	are
	still
	pending.
	The
	District
	did
not 	contest
	the 	holding
	of
	the
	election
notwithstanding 	the
	pendency
of
	its
	appeal
	of 	the
	rejection
	of
	its
	exceptions.
In 	these 	circumstances,
	even 	though
	I
	think 	the 	exceptions
were
	improperly
	rejected 	in
	the
	first
	place
	by
	the 	Executive
Assistant
1
the 	purposes
	of 	the
	Act
	of
	promoting 	harmonious
employer-employee
	relations
	would
	only
	be
	frustrated
	by 	now
entertaining
	the
	District's
	exceptions. 	Consideration 	of 	the
fundamental
	question 	of 	appropriate 	unit
	after
	an
	election
	has
	been
held
	and
	a
	certification
	issued
	in 	at 	least
	one
	unit
	would 	do
	nothing
to
	enhance
	stability
	in 	this 	particular
	school
	district.
	Further,
the
	District
	itself
	did 	not
	protest
	the 	holding 	of 	the
	election 	in
the 	face 	of
	its
	appeal. 	Accordingly,
	I
	concur
	that
	the
	District's
appeal 	should be
	dismissed.
rilou
	Cossack 	Twohey, 	Member
1
see 	Gibson 	v.
	Unem
	lo 	ent 	Insurance
	A
	eals
	Board, 	9
	Cal.3d494, 	108
	Cal.Rptr.
	1 	1973) 	where 	the
	Supreme 	Court 	concluded
	thatthe 	agency 	and 	the 	superior 	court 	had 	erred 	in 	denying 	consideration
of 	the 	merits 	of 	an 	appeal 	filed 	three 	days
	late.
	See
	also 	Flores 	v.
U~emplo\rment 	Appeals Boar~O-Cai.App. fd 	68r,
··
106
-car.
Rptr. 	543.
(1973).

r
STATE OF CALIFORNIA 	EDMUND G. BROWN JR .• GoYerMr
EDUCATIONAL EMPLOYMENT RELATIONS BOARD
Headquarters Office
923 12th Street, Suite 201
Socrcmento, California 	95814
(916) 322-3088
October 28, 	1977
Mr. I.au:i.s C. A-walt
Ibna.ld D. Rea and Company
1800 North Highland Avenue
lDs .Angeles, 	CA 	90028
Re: 	Glendale Unified School District/Glendale O:mmmity C.Ollege
District, 	Case No. I.A-R-19, 	244 (Proposed decision issued
Septenber 27, 	1977)
Dear Mt-. Awalt:
This will acknowledge receipt of the exceptions filed by O:mald D. Rea
and C.O~any for the Glendale Unified School District/Glendale Comnunity
College District in the above-captioned case. 	Unfortunately, 	your
doC1..1Ill:Ilts were not t:i.J.Iely filed according to Section 33380 of the Board's
rules and regulatiops.
Exceptions to the proposed decision were due to be filed by the District
on October 11, 	1977. 	On October 11 an extension of tine to file exceptions
was granted by this office. 	Time to file exceptions was extended to
October 18, 1977. 	Exceptions were not received in this office until
October 19.
As a result of this failure to timely file, 	the enclosed exceptions cannot
be submitted to the Board itself for consideration. 	Please be advised
that while there are no rules to this effect, 	you are welcorre to appeal
this rejection of your filing to the Board itself. 	Should you choose 	to
do so, 	your appeal should be filed in this office on or before seven
calendar days from receipt of this corrm..mication.
Sincerely,
R-~·~,-JS~~Stephen Barber
Executive Assistant
to the Board
Enclosure