PERB Decision No. 1212EA•California School Employees Association, Chapter 413 (Gonzalez) (PERB 1212EA)
California School Employees Association, Chapter 413 (Gonzalez) (PERB 1212EA)
PERB Decision No. 1212EACalperb20 oct. 1997
Texte intégral
STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD MARGARITA GONZALEZ, Charging Party, v. CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION, CHAPTER 413, Respondent. ) Case No. LA-CO-734 Request for Reconsideration PERB Decision No. 1212 PERB Decision No. 1212a October 20, 1997 ) ) ) ) ) ) Appearance: Margarita Gonzalez, on her own behalf. Before Caffrey, Chairman; Johnson and Dyer, Members. DECISION CAFFREY, Chairman: This case is before the Public Employment Relations Board (PERB or Board) on a request by Margarita Gonzalez (Gonzalez) that the Board accept her late filed request for reconsideration of California School Employees Association, Chapter 413 (Gonzalez) (1997) PERB Decision No. 1212 (CSEA (Gonzalez)). In CSEA (Gonzalez). the Board dismissed Gonzalez' unfair practice charge which alleged that the California School Employees Association, Chapter 413 denied her the right to fair representation guaranteed by the Educational Employment Relations Act (EERA) section 3544.9 and thereby violated section 3543.6(b).1 1EERA is codified at Government Code section 3540 et seq. Section 3544.9 states: The employee organization recognized or certified as the exclusive representative for the purpose of meeting and negotiating shall fairly represent each and every employee in ) )
the appropriate unit. Section 3543.6 states, in pertinent part: It shall be unlawful for an employee organization to: (b) Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed toy this chapter. CSEA (Gonzalez) was issued on June 24, 1997.2 PERB Regulation 324103 states, in pertinent part: (a) Any party to a decision of the Board itself may, because of extraordinary circumstances, file a request to reconsider the decision within 20 days following the date of service of the decision. Gonzalez' request for reconsideration of CSEA (Gonzalez) was filed on September 2, 70 days following the date of service of CSEA (Gonzalez). PERB Regulation 3213 6 states, in pertinent part: A late filing may be excused in the discretion of the Board for good cause only. Gonzalez provides no explanation for the late filing of her request for reconsideration. Where a party fails to provide any explanation to excuse a late filing, the Board is precluded from finding that good cause exists. (Sonoma County Office of Education (1992) PERB Order No. Ad-23 0; California Faculty 2A11 dates refer to 1997. 3PERB regulations are codified at California Code of Regulations, title 8, section 31001 et seq. 22
Association (Gregg) (1995) PERB Order No. Ad-271-H.) Accordingly, the Board finds that good cause does not exist to excuse Gonzalez' late filing. ORDER Margarita Gonzalez' request that the Board accept her late filed request for reconsideration of the Board's decision in California School Employees Association, Chapter 413 (Gonzalez) (1997) PERB Decision No. 1212 is hereby DENIED. Members Johnson and Dyer joined in this Decision. 33
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