Regents of the University of California (Davis, Los Angeles, Santa Barbara and San Diego) (Flacks, et al.) (PERB A197H)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
MIRIAM 	FLACKS, 	et 	al.,
Charging 	Party,
v.
REGENTS 	OF 	THE 	UNIVERSITY 	OF
CALIFORNIA 	(DAVIS, 	LOS 	ANGELES,
SANTA 	BARBARA AND 	SAN 	DIEGO),
Respondent.
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Case 	No. 	LA-CE-210-H
Administrative 	Appeal
PERB 	Order 	No. 	Ad-197-H
October 	26, 	1939
Appearances: 	American 	Federation 	of 	State, 	County, 	and 	Municipal
Employees 	by 	Cliff 	Fried, 	President 	Local 	3238, 	Council 	#10, 	for
Miriam 	Flacks, 	et 	al.; 	Edward 	M. 	Opton, 	Jr., 	University 	Counsel,
for 	Regents 	of 	the 	University 	of 	California 	(Davis, 	Los 	Angeles,
Santa 	Barbara 	and 	San 	Diego).
Before 	Hesse, 	Chairperson; 	Craib 	and 	Shank, 	Members.
DECISION AND 	ORDER
SHANK, 	Member: 	This 	case 	is 	before 	the 	Public 	Employment
Relations 	Board 	(Board) 	on 	appeal 	by 	the 	American 	Federation 	of
State, 	County 	and 	Municipal 	Employees 	(AFSCME) 	Council 	10 	of 	the
administrative 	determination 	denying AFSCME's 	request 	for 	a
second 	extension 	of 	time 	to 	file 	exceptions 	to 	an 	administrative
law 	judge's 	(ALJ) 	proposed 	decision.
The 	ALJ's 	proposed 	decision was 	rendered 	on August 	22, 	1989.
On 	September 	1, 	1989, 	AFSCME 	requested 	an 	extension 	of 	time 	in
which 	to 	file 	exceptions. 	That 	request, 	which was 	unopposed, 	was
granted, 	resulting 	in 	a 	new 	filing 	deadline 	of 	October 	2, 	1989.
On 	September 	21, 	1989, 	AFSCME 	filed 	a 	second 	request 	for 	an
extension 	of 	time 	to 	file 	exceptions, 	which was 	denied 	by 	the
Appeals 	Assistant 	to 	the 	Board. 	To 	protect 	its 	rights 	on 	appeal,

AFSCME 	timely 	filed 	a 	statement 	of 	exceptions 	which 	it 	contends
was 	prepared 	without 	sufficient 	time 	or 	information.
The 	Board, 	after 	full 	review 	of 	the 	request 	and 	the
opposition 	filed 	by 	the 	Regents 	of 	the 	University 	of 	California,
DENIES 	AFSCME's 	request 	for 	a 	further 	extension 	of 	time 	to 	file
exceptions. 	The 	exceptions 	already 	filed 	by AFSCME 	to 	preserve
its 	appeal 	rights 	are 	accepted 	as 	timely 	filed.
Chairperson 	Hesse 	and 	Member 	Craib 	joined 	in 	this 	Decision.
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