Hanford Joint Union High School District Board of Trustees (PERB 0046E)

)
)
)
)
)
)
)
)
)
)
)
____________ )
STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE 	PUBLIC
EMPLOYMENT 	RELATIONS 	BOARD
HANFORD 	HIGH 	SCHOOL 	FEDERATION
OF TEACHERS, AFT, AFL-CIO,
Charging 	Party,
vs.
HANFORD 	JOINT 	UNION 	HIGH 	SCHOOL
DISTRICT 	BOARD OF TRUSTEES,
Respondent.
Case No. 	S-CE-59
PERB Decision No. 	46
February 1, 	1978
Appearances: 	Robert J. 	Bezemek, 	Attorney 	(Van Bourg, 	Allen,
Weinberg 	and Roger) 	for Hanford High 	School Federation of Teachers,
AFT, 	AFL-CIO; 	James B. 	Orton, 	Attorney 	(Kings County Counsel) 	for
Hanford Joint 	Union High 	School 	District 	Board 	of Trustees.
Before 	Gonzales 	and Cossack Twohey, 	Members.
OPINION
The 	Hanford High 	School 	Federation of 	Teachers 	appeals 	to 	the
Public 	Employment 	Relations 	Board 	the 	dismissals 	by 	the 	General
Counsel 	of 	the 	amended unfair practice 	charge 	it 	filed 	against 	the
Hanford Joint Union 	High 	School 	District 	Board of Trustees 	and
the 	second amended unfair 	practice 	charge 	it 	filed 	against 	the
Hanford Joint Union High 	School 	District 	Board of Trustees. 	The
General 	Counsel 	dismissed each because 	it was not 	timely 	filed
pursuant 	to 	the 	Board's 	rules 	and regulations.
The Federation filed its 	original 	charge on May 19, 	1977. 	On May 25,

the General Counsel dismisse~ the charge with leave to amend by June 4 and
noted that the Federation might instead file an appeal with the Board by
June 4. 	On June 15 the Federation filed the amended charge, 	having
filed no appeal . 	The 	General Counsel dismissed the amended charge
without leave to amend on the ground that it was not timely filed and gave
the Federation until June 25 to appeal this second dismissal. 	On July 8
the Federation filed the second amended charge, 	having filed no appeal.
The General Counsel dismissed the second amended charge without leave to
amend and gave the Federation until July 21 to appeal 	this 	third dismissal.
On July 19 the Federation did file a timely appeal to the Board, 	urging it
to accept the late-filed amended charges, 	but giving no explanation as 	to
why the various documents had been filed late. 	The District noted in its
response to the appeal that the. Federation had not demonstrated good cause
for the late filings . 	On August 4, 	1977, 	the Federation submitted declarations
intended to show good cause for the untimely filings.
The Board has considered the record in this 	case . 	We are in agreement
with the Notice of Dismissal of the Amended Charge and the Notice of Dismissal
of the Second Amended Charge, 	attached hereto, 	and the rationales contained
therein. 	We therefore sustain the General Counsel's dismissals of the first
amended and second amended charges.
/ 	By Ra~ond J. 	Gon za les 	Membec 	''Jerilou Cossack Twohey, Member 	fl
(
-2-

STATE OF CALIFORNIA
EDUCATIONAL EMPLOYMENT RELATIONS BOARD
NOTICE OF DISMISSAL WITHOUT LEAVE TO AMEND
CHARGING PARTY: 	HANFORD HIGH SCHOOL FEDERATION OF TEACHERS, 	AFT, 	AFL - CIO
and MR. 	ROD ALTHOUSE
RESPONDENT: 	HANFORD JOINT UNION HIGH SCHOOL DISTRICT BOARD OF TRUSTEES
CASE NUMBER: 	S- CE - 59 	(Amended Charge)
Notice 	is hereby given that 	the above charge is 	dismissed without 	leave
to amend. 	The dismissal is on the 	following ground:
This amendment was not 	timely filed. 	The Notice
of Dismissal served on ·May 25, 	1977 allowed ten
calendar days 	for amendment or appeal. 	This
amendment was not 	received until 	after ten days
had elapsed.
The above action is taken pursuant to EERB Regulation 35007(a). 	If the
charging party chooses 	to obtain review of 	the dismissal, 	it must 	file an appeal
with the Board itself within ten 	(10) 	calendar days after service of 	this Notice
of Dismissal. 	Such appeal must be 	in writing, 	signed by the party or its 	agent,
and contain the 	facts 	and arguments upon which the appeal 	is based. 	EERB
Regulation 35007 (b) .
Date: 	June 15, 	1977 	WILLIAM P. 	SMITH
General 	Counsel
By '
Ronald E. 	Blubaugh
Hearing Officer
WPS/REB/jd

.
~. 	·•,_
STATE OF CALIFORNI A
EDUCATI ONAL EMPLOYMENT RELAT	. 	I ONS 	BOARD
NOTICE OF DISMIS SAL WI THOUT LEAVE TO AMEND
CHARGING PARTY: 	HANF ORD HIGH SCHOO L FEDERATI ON OF TEACHERS , 	AFT, 	AF L- CI O
AND MR. 	ROD ALTHOUSE
RESPONDENT: 	HANFORD JOINT UNION HIGH SCHOOL DISTRICT BOARD OF TRUSTEES
CASE NUMBER: 	S- CE - 59 	(Second Amended Charge)
Not i ce is hereby g i ven that 	t he above second amended charge,
f i led July 8, 	1977, 	i s 	di smissed without 	leave to amend . 	The dism i ssal 	is
on the 	fo l lowing ground:
On May 19, 	1977, 	the ch arg i ng party filed the
orig i nal charge, 	S- CE - 59 . 	On May 25, 	1 977,
the general 	counsel dismissed the charge because
the charging party is n ot 	t he 	exc l us i ve represent -
at i ve. 	Th e ge n era l 	counsel a l lowed· ten 	(10 ) 	days
to amend the charge or appeal 	the dismissal to
the Board itself . 	No 	time l y amendmen t 	or appeal
was taken.
On June 15, 	1977, 	t he charging party filed an
amen ded ch arge. 	Thi s 	amen ded charge was di smi ssed
by the general counsel as not 	time l y 	f il ed and t he
gen era l 	counsel a l lowed ten 	(10 ) 	days 	to appeal
the dismissa l 	to the Board itse l f . 	No timely
appeal was taken.
On July 8, 	1977, 	the charging party filed th i s
second amended charge . 	This 	second amen ded charge
is dismissed as not 	t i mely fi l ed .
The above action i s 	taken pursuant 	to EERB Regul at i on 35007 ( a).
If the ch arg ing party ch ooses to obtain review of t he dismissal, 	it must 	file
an appea l 	with t he Board itself within ten 	(10) 	calendar days 	after servi ce
of t h is Notice of Dismi ssal. 	Such appea l 	must be in writ i ng, 	signed by the
party or i ts age n t, 	and contain t he 	facts 	and argumen ts upon whi ch t he appea l
is based. 	EERB Regul ation 35007 (b ) .
Date: 	July 11, 	1 977 	WILLIAM P. 	SMITH
General Counsel
I
By
Ronal d E . 	Blubaugh
Hearing Officer
WPS / REB / jd