Bassett Unified School District (PERB A062E)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
In 	the 	Matter 	of 	the 	Request 	for
Reconsideration
BASSETT 	UNIFIED 	SCHOOL 	DISTRICT,
Employer, 	APPELLANT,
and
BASSETT 	EDUCATORS 	ASSOCIATION,
CTA/NEA,
Employee 	Organization,
APPELLANT,
and
BASSETT 	FEDERATION 	OF 	TEACHERS,
AFT 	LOCAL 	727, 	AFL-CIO,
Employee 	Organization.
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Case 	No. 	LA-R-587
PERB 	Order 	No. 	Ad-62
Administrative 	Appeal
March 	23, 	1979
Appearances: 	Richard 	N. 	Fisher, 	Attorney 	(O'Melveny 	& Myers)
for 	Bassett 	Unified 	School 	District; 	Charles 	R. 	Gustafson,
Attorney 	for 	Bassett 	Educators 	Association, 	CTA/NEA;
Lawrence 	Rosenzweig, 	Attorney 	(Levy, 	Koszdin, 	Goldschmid 	&
Sroloff) 	for 	Bassett 	Federation 	of 	Teachers, 	AFT 	Local 	727,
AFL-CIO.
Before: 	Gluck, 	Chairperson; 	Gonzales 	and 	Moore, 	Members.
DECISION 	AND 	ORDER
The 	Bassett 	Unified 	School 	District 	(hereafter 	District)
and 	the 	Bassett 	Educators 	Association, 	CTA/NEA 	(hereafter 	CTA)
have 	joined 	in 	requesting 	that 	the 	Public 	Employment 	Relations
Board 	(hereafter 	PERB 	or 	Board) 	reconsider 	its 	decision 	in
Bassett 	Unified 	School 	District 	(1/30/79) 	PERB 	Order 	No.
Ad-57. 	There, 	the 	Board, 	by 	majority 	vote, 	found 	that 	a

negotiated
	agreement 	between
	the
	District
	and
	CTA,
	stated
	to
	be
for
	a
	three-year
	period
	expiring
	June
	30,
	1980,
	actually
	had
expired
	on
	June
	30,
	1978.
The
	Bassett
	Federation 	of 	Teachers,
	AFT
	Local 	727,
	AFL-CIO
(hereafter
	AFT)
	filed
	a
	decertification 	petition
	in
	the
	Bassett
Unified
	School
	District
	on
	April
	3, 	1978.
	The
	PERB
	regional
director
	dismissed 	the
	petition
	on
	the
	ground
	that
	the
	contract
between
	CTA
	and
	the
	District
	was
	for
	three
	years
	and
	therefore
barred
	the
	filing
	of
	the
	decertification 	petition.
	AFT's
appeal
	from
	the
	dismissal 	of
	its
	petition
	led 	to 	the
	Board
decision 	referred
	to
	above.
Board
	rule
	324101	
provides
	that
	a
	request
	for
reconsideration
	shall
	be
	based
	on
	extraordinary 	circumstances.
lcalifornia
Administrative
	Code,
	title
	8, 	section
	32410
states:
Any
	party
	to
	a
	decision 	of 	the
	Board
	itself
may
	because 	of
	extraordinary
	circumstances
file
	a
	request
	to
	reconsider
	the
	decision
with 	the
	Board
	itself
	within
	seven
	calendar
days 	following 	the 	date 	of
	service 	of
	the
decision.
	The
	party
	shall 	state
	with
specificity
	the 	grounds 	claimed
	and 	where
applicable
	shall
	specify
	the
	page
	of 	the
record
	relied
	upon. 	A copy
	of 	the 	request
must 	have 	been
	actually
	served
	upon
	each
party 	of 	record
	prior
	to
	filing
	the 	request
and 	a
	statement 	of
	such
	service 	shall
accompany
	the
	request.
	Any
	party 	shall
	have
five 	calendar
	days 	from
	actual 	service 	to
file
	a
	response 	with 	the 	Board
	itself.
"Actual 	service"
	as 	used 	in
	this 	section
means
	actual 	receipt
	by
	the 	party
	or
	theiragent.
	The
	filing 	of
	a
	request 	for
reconsideration 	shall
	not 	operate 	to 	staythe 	effectiveness 	of
	a
	decision 	of 	the 	Board
itself
	unless 	otherwise 	ordered
	by 	the 	Board
itself. 
2

Substantial errors of law or fact constitute grounds for
reconsideration. 2 One basis for the request for
reconsideration is an alleged error by the Board in calculating
the deadline for filing-the decertification petition. The
Board considers the matter of filing time requirements critical
and therefore grants the request for reconsideration.
Public Employment Relations Board
Per Curiam
24 Witkin, Cal Procedure (2d ed. 1971), sec. 597, pp.
4525, 4526, citing In re Jessup (1889) 81 Cal. 408; San
Francisco v. Pacific Bank (1891) 89 Cal. 23.
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