Alameda Unified School District (Milat) (PERB A070E)

STATE
	OF
	CALIFORNIA
DECISION
	OF 	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
ANTE
	MILAT,
Charging
	Party,
v.
CALIFORNIA
	SCHOOL
	EMPLOYEES
ASSOCIATION,
	CHAPTER
	#663,
Respondent,
and
ALAMEDA
	UNIFIED
	SCHOOL
	DISTRICT,
Respondent.
)
)
) 	Case 	No.
	SF-C0-75-78/79
Administrative
	Appeal
PERB
	Order
	No. 	Ad-70
July
	6,
	1979
)
)
)
)
)
)
)
)
)
)
)
)
)
___________________ )
Appearances:	
Ante
	Milat, 	representing 	himself;
Madalyn
	J.
	Frazzini,
	Attorney 	for 	Cal~fornia
	School
	Employees
Association,
	Chapter
	#663;
	Richard
	V.
	Godino,
	Attorney
	(Breon,
Galgani
	& Godino) 	~or 	Alameda
	Unified
	School
	District.
Before 	Gluck,
	Chairperson;
	Gonzales
	and 	Moore, 	Members.
DECISION
This 	case
	is
	before 	the 	Public
	Employment
	Relations
	Board
(hereafter
	PERB
	or
	Board) 	on 	an
	appeal	
by	
Ante
	Milat
	(hereafter
charging 	party)
	from 	a
	decision 	by 	the 	Executive
	Assistant 	to
the
	Board
	to 	dismiss 	as 	untimely
	filed
	charging
	party's
	appeal
of
	a
	previous 	ruling 	by 	the 	Executive
	Assistant.
	The 	Board
affirms 	the 	Executive
	Assistant's 	decision.
DISCUSSION
Charging
	party 	filed
	an
	appeal
	from
	the 	dismissal 	of 	his
unfair 	practice
	charge 	against 	the 	California
	School 	Employees
Association, 	Chapter 	#663, 	and 	Alameda 	Unified 	School

District
	nine
	days
	late.l 	It
	was
	dismissed
	by
	the 	Executive
Assistant
	as 	untimely
	on
	April
	19,
	1979. 	Charging
	party
	then
sought
	to
	appeal 	the 	Executive
	Assistant's
	decision.
	His
appeal
	was 	due 	on
	April
	30,
	1979~
	it
	was
	received
	by
	PERB
	on
May
	3,
	1979,
	and
	dismissed
	as
	untimely.2	
Charging
	party
thereupon 	timely
	filed
	the 	appeal
	now
	before 	the
	Board.
PERB
	rule
	32133
	states:
A
late
	filing
	may
	be 	excused
	in 	the
discretion
	of
	the
	Board
	only
	under
extraordinary
	circumstances.
In
	Anaheim Union 	High
	School
	District
	(7/17/78)
	PERB
	Order
No.
	Ad-42,
	the
	Board
	defined 	"extraordinary
	circumstances" 	as
"out
	of
	the
	ordinary,
	remarkable,
	unpredictable
	situations
	or
occurrences 	for
	exceeding
	the 	usual
	which	
,,_	
prevent
	a
	timely
filing."
Charging
	party
	did 	not
	present
	any
	extraordinary
circumstances 	to
	justify
	his
	late 	filing.
	The 	Board
	therefore
affirms
	the
	dismissal 	of 	his
	May
	3
	appeal.
lPERB
	rule
	32630(b)
(2)
	allows
	a
	party
	twenty
	calendar
days
	following 	the 	date 	of 	service 	of 	the 	dismissal 	to
	file
	an
appeal 	of
	that
	dismissal
	with 	the
	Board
	itself.
	The
	hearing
officer's
	dismissal
	was
	served
	on March
	20, 	1979, 	so 	Charging
party's
	appeal
	was 	due 	on
	April 	9,
	1979.
	The
	appeal
	was
	filed
on
	April
	18, 	1979.
PERE
	rules 	are 	codified 	at 	California Administrative
	Code,
title
	8, 	section
	31000
	et
	seq.
2PERB
	rule
	32360(b)
	provides:
The
	appeal
	shall
	be
	"filed"
	with 	theExecutive 	Assistant 	to 	the
	Board
	at
	the
headquarters 	office 	within
	10
	calendar 	days
following 	the 	date 	of 	service 	of 	the
decision 	or
	letter 	of 	determination.
2

ORDER
The
	Public
	Employment
	Relations
	Board
	ORDERS
	that
	the
Executive
	Assistant's
	decision
	to 	dismiss
	as
	untimely
	the
appeal
	filed
	by 	Ante
	Milat
	on
	May
	3,
	1979,
	is
	affirmed.
By:
Aavm¢ia
	J.
	GoijZa1eijl,
	MemB'er	
Harry-
c;li;av·,
	Chairperson
Barbara
	D.
	Moore, 	Member
3

STATE
OF CALIFORNIA
PUBLIC 	EMPLOYMENT RELATIONS 	BOARD
ieodqucrters Office
923 12th Street, Suite
201
Sacromento, Co lifornia 	95814
(916) 322-3088
April
19,
	1979
Mr. 	Ante
Milat
3112
Madeline
	Street
Oakland,
	CA
	94602
Re:
	Notice of Dismissal
Without
	Leave
	to
	Amend:
Case No. 	SF-C0-75 	78-79
Dear
Mr.
	Milat:
EDMUND
G.
BROWN
JR.,
Governor
This
	office
	is
	in receipt
	of
	a
	communication
	from you
	in
	the above-
captioned case.
	From
	the
	contents of
your
	letter,
	I
	am
assuming
	that
your
	intent 	in writing
it
was
	to appeal 	the Dismissal
Without Leave
	to
Amend
	issued
by
	the hearing
officer
on March
	20, 	1979.
	As
	such, 	your
appeal
	is
	deficient
	upon
at 	least
	tw°'-._grounds and must be dismiss_ed.
As
	set
	forth
	below,
	you have a
	right
	to 	appeal
	this
	dismissal.
Section
32630(b)-of the
	California
Administrative
	Code
	sets 	forth
	your
right
	to 	appeal 	the
dismissal
	of
	an
	unfair practice
	charge. 	This
	section
also
	se·ts
	forth
	the
	procedure 	to
	be
	followed
	in
making
such an
appeal.
An
	appeal of
	a
dismissal
must be
	filed
	in this office
	on
or
	before
	twenty
(20) 	days 	from
	the date of
	service
of 	the
	dismissal.
	In
	this
	case,
	the
dismissal
was,
	according to 	the proof of
	service,
	served
	upon
all
	parties
on
March 20, 	1979. 	Your
appeal
was,
	therefore,
	due
	in this 	office
	on
or
before April
	9, 	1979.
	It
was
	actually filed
	on
	April
	18,
	1979,
	or
	nine
(9)
	days
	late.
In
	addition, 	section
32630(b)
	requires 	that
	all
	parties
	to 	the case
	be
served
by
	the
	appellant
	and a copy
of 	the 	proof of
	service
accompany
	the
appeal.
	Your
	appeal contains
	no
	proof of service
	as
	required
	by
	this
section.
You have a
	right
	to 	appeal
	this 	dismissal 	pursuant 	to 	section
	32360
	of
the 	California Administrative
	Code. 	Should you choose to
	do
	so, 	your
appeal
	is
	due
	in this office
	ten
	(10) 	days 	from
	service of
	this
	letter,
April
	30, 	1979.
Sincerely,
J
."
STEPHEN BARBER
Executive Assistant 	to 	the Board
cc: 	Madalyn J. 	Frazzini
R. 	V. 	Godino
Joanne S. 	Duncan, 	Alameda USD
Attachment 	(Proof of Service)
CSEA, 	Chapter 663
CSEA, 	Cesar T. 	Batungbacal

PROOF
	OF
	SERVICE
	BY
	MAIL
C.C.P.
	1013a
I
	declare
	that:
	I
	am
	employed
	in
	the
	County
	of
	Sacramento,
	California.
I
	am
	over
	the
	age
	of 	eighteen
	years
	and 	not: 	a	
party
	to
	the
	within
. 	-
entitled
	cause;
	my
	business
	address
	is
	923
	12th
	Street,
	Suite
	201,
Sacramento,
	California
	95814.
On
__
A_p_r_i_1_1_9
__
,_19_7_9
____
, 	I
	served 	the
	attached
letter
	regarding
NOTICE
	OF
	DISMISSAL
WITHOUT LEAVE
	TO AMEND:
	CASE
NO.
	SF-C0-75 	78-79
on
	the
	.....,p_a_r_t_i_e_s
......
t_o
__
th_e......,c_a_s_e
____
by
	placing
	a
	true
	copy
	thereof
	enclosed
in
	a
	sealed
	envelope
	with
	postage 	thereon
	fully
	prepaid,
	in
	the
United
	States
	Mail
	at
	Sacramento,
	California
	-addressed
	as
	follows:
Madalyn
	J.
	Frazzini
Box 640
San
Jose,	
CA	
95106
R.
	V.
	Godino
4 Beach
	Drive
San
Rafael,
	CA
	94901
Joanne 	S. 	Duncan
Assistant
	Superintendent
Alameda
	USD
400 Grand
	St.
Alameda,
	CA
	94501
California
School Employees
	Association
Chapter
	663 	·
1305 Weber
Street
Alameda,
	CA
	94501
'----
California
	School
	Employees
	Association
Cesar
T.
	Batungbacal
333
Hegenberger
	Road,
	Suite
	206-E
Oakland,
	CA
	94621
Ante
Milat
3112 Madeline
	Street
Oakland,
	CA
	94602
I
	declare 	under 	penalty 	of 	perjury 	that 	the 	foregoing
	is 	true 	and
	correct,
and
	that 	this 	declaration
	was 	executed 	on
	April 19, 	1979
at	
Sacramento 	, 	California"
Jacqueline Diegle
(Type 	or 	prin~ 	name) Jacqueline Diegle
(Type 	or 	prin~ 	name)