State of California (Department of Developmental Services) (Monsoor) (PERB A137S)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC EMPLOYMENT 	RELATIONS 	BOARD
WILLIAM THOMAS MONSOOR,
Charging 	Party,
AP PELLANT,
V •
STATE 	OF 	CALIFORNIA 	(DEPARTMENT
OF 	DE_VELOPMENTAL 	SEgVICES) ,
Respondent.
)
)
)
)
)
)
)
)
. 	)
)
)
_________________ )
Case 	No. 	LA-CE-7-S
PERB 	Order 	No. 	Ad-137-S
Administrative 	Appeal
May 	17, 	1983
Appearances: 	William 	Thomas 	Monsoor, 	representing 	himself.
Before 	Gluck, 	Chairperson; 	Tovar 	and 	Jaeger, 	Members.
DECISION
GLUCK, 	Chairperson: 	William 	Thomas 	Monsoor 	appeals 	the
Executive 	Assistant 	to 	the 	Public 	Employment 	Relations 	Board's
(PERB) 	dismissal 	of 	his 	requests 	for 	reconsideration 	and 	to
reopen 	the 	hearing 	of 	the 	Board's 	decision 	in 	State 	of
California 	(Department 	of 	Developmental 	Services) 	(7/28/82)
PERB 	Decision 	No. 	228-S. 	The 	Executive 	Assistant 	found 	the
requests 	to 	be 	untimely 	in 	that 	they 	were 	filed 	on
August 	31, 	1982, 	more 	than 	ten 	days 	after 	issuance 	of 	the
decision .1
lprior 	to 	September 	20, 	1982, 	PERB's 	rules 	and
regulations 	were 	codified 	at 	California 	Administrative 	Code,
title 	8, 	section 	31000 	et 	seq. 	Former 	subsection 	32410(a)
provided:
Any 	party 	to 	a 	decision 	of 	the 	Board 	itself
may, 	because 	of 	extraordinary 	circumstances,

Monsoor
	contends
	that
	he 	was
	unable
	to
	file
	his 	requests
within
	the 	designated
	time
	limits
	because
	he 	was
	in
	the
	process
of
	relocating
	to
	Northern
	California
	at
	the
	time
	the
	Board
issued
	its
	decision. 	Further,
	he
	maintains
	that,
	even
	after
receiving
	the
	decision,
	he
	did
	not
	read
	it
	carefully
	and
believed
	that
	it
	was
	favorable 	to
	him
	because
	the
	Board
	had
affirmed
	the 	hearing
	officer's
	finding
	of
	fact.
	He
	claims
	that
once 	he
	discovered
	that
	the
	decision
	was,
	in
	fact,
	adverse
	to
his
	interests,
	he
	immediately
	notified
	PERB.
file
	a
	request 	to 	reconsider 	the
	decision
with 	the
	Board
	itself
	within
	10
	days
following 	the 	date 	of 	service 	of
	the
decision.
	The
	request 	for 	reconsideration
shall
	be
	filed
	with 	the 	Executive
	Assistantto 	the
	Board 	and
	shall 	state
	with
specificity
	the 	grounds 	claimed 	and,
	where
applicable, 	shall
	specify 	the
	page
	of 	the
record
	relied
	on. 	Service
	and
	proof 	of
service 	of 	the 	request 	pursuant 	to 	Section
32140
	are 	required.
Former
	PERB
	regulation
	32133,
	in
	effect 	at
	the
	time
	of
Monsoor's
	request,2	
provided
	that,
	"a
	late 	filing
	may
	be
excused
	in 	the
	discretion
	of
	the
	Board
	only
	under
	extraordinary
circumstances."
	We
	have
	defined
	extraordinary 	circumstances 	to
be
	"out 	of
	the
	ordinary,
	remarkable,
	unpredictable
	situations
2under 	the 	Board's 	recent
	amendments,
	late 	filings 	are
now
	covered 	under
	section
	32163.
2

or
	occurrences 	far
	exceeding 	the
	usual
	which
	prevent
	a
	timely
filing."
	Anaheim 	Union 	High
	School
	District
	(7/17/78)
	PERB
Order
	No.
	Ad-42.
	We
	cannot
	find 	the 	circumstances 	as
	described
by 	Mr. 	Monsoor
	to
	be
	extraordinary.
	Accordingly,
	we
	deny
	this
appeal.
ORDER
William
	Thomas
	Monsoor's
	appeal
	of
	the 	Executive
	Assistant
to 	the
	Public
	Employment
	Relations 	Board's
	dismissal 	of
	his
requests
	for
	reconsideration
	and
	to
	reopen
	the 	hearing
	of
	PERB
Decision
	No.
	228-S
	is
	DENIED.
Members
	Tovar 	and
	Jaeger 	joined 	in 	this
	Decision.
3