Atascadero Unified School District (PERB A120E)

STATE
	OF
	CALIFORNIA
DECISION
	OF 	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
CALIFORNIA
	SCHOOL
	EMPLOYEES
ASSOCIATION
	AND
	ITS
	ATASCADERO
CHAPTER NO.
	124,
Employee
	Organization,
and
ATASCADERO
	UNIFIED
	SCHOOL
	DISTRICT,
Employer,
APPELLANT
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Case
	No.
	LA-UM-146
LA-R-369
PERB
	Order 	No. 	Ad-120
Administrative
	Appeal
December
	16, 	1981
Appearances:	
Carl
	B. 	A.
	Lange,
	III,
	Representative 	for
Atascadero Unified
	School
	District.
Before
	Gluck,
	Chairperson;
	Moore 	and
	Tovar,
	Members.
DECISION
This 	case
	is
	before 	the
	Public
	Employment
	Relations
	Board
(hereafter
	PERB
	or
	Board)
	on 	an
	appeal
	by
	the Atascadero
Unified
	School
	District
	to
	the
	attached 	determination	
by	
the
executive
	assistant
	to 	the
	Board
	rejecting
	its
	response
	to
exceptions 	in 	the 	above-captioned 	case 	because
	said 	response
was
	not 	timely
	filed.
	PERB
	rules
	governing 	the
	filing
	of
	such
pleadings 	are
	clear.l	
Appellant
	has 	not 	demonstrated 	the
lPERB
	rules 	are 	codified 	at 	Title
	8, 	section
	31000
	et
seq. 	of 	the 	California Administrative
	Code.
	All 	references 	are
to 	the 	Administrative
	Code,
	unless 	otherwise 	indicated.
Section
	32135
	provides:
All 	documents
	shall
	be
	considered 	"filed"

existence 	of 	extraordinary 	circumstances 	which 	would 	justify
the 	late 	filing, 	as 	required 	by 	PERB 	rule 	32133.2
ORDER
The Board 	affirms 	the 	determination 	of 	the 	executive
assistant 	to 	the 	Board 	and 	DENIES 	the 	appeal.
PER 	CURIAM
by 	a 	party 	when 	actually 	received 	by 	the
proper 	recipient 	before 	the 	close 	of
business 	on 	the 	last 	day 	set 	for 	filing.
Section 	32310 	provides:
Within 	20 	days 	following 	the 	date 	of 	service
of 	the 	statement 	of 	exceptions, 	any 	party
may 	file 	with 	the 	Board 	itself 	an 	original
and 	four 	copies 	of 	a 	response 	to 	the
statement 	of 	exceptions 	and 	a 	supporting
brief. 	The 	response 	shall 	be 	filed 	with 	the
Executive Assistant 	to 	the 	Board. 	Service
and 	proof 	of 	service 	of 	these 	documents
pursuant 	to 	section 	32140 	are 	required.
2section 	32133 	provides:
A late 	filing 	may 	be 	excused 	in 	the
discretion 	of 	the 	Board 	only 	under
extraordinary 	circumstances.
2

ST
A
TE
OF
CALIFORNIA
PUBLIC EMPLOYMENT RELATIONS BOARD
'Headquarters
Office
1031 18th Street, Suite
200Sacramento, California
	95814
(916) 322-3088
September 	10,
	1981
Carl
	Bo
	Ao
	Lange,
	III
Schools 	Legal
	Service
5801
	Sundale
	Avenue
Bakersfi~ld
	CA
	93309
RE:
	ATASCADERO
	UNIFIED
	SCHOOL
	DISTRICT
CASE 	NO.
	LA-UM-146; 	LA-R-369
Dear
	Mr. 	Lange:
EDMUND
G.
BROWN
JR.,
Go
...
rnor
This
	acknowledges
	receipt
	of
	your
	"Response
	to
	Exceptions"
in
	the 	above-noted
	case~
Unfortunately,
	your 	response
	was
	not 	timely
	filed,
	pursuant
to 	California
	Administrative
	Code,
	title
	8,
	section
	·
32310, 	and must
	be
	rejected.
	The
	Association's 	exceptions
were
	served
	on
	August 	14, 	1981;
	the
	District's
	response
	_
was,
	therefore,
	due
	in 	this 	office
	on
	or
	before
	September
	3,
1981.
	The
	District's
	response
	was
	received here
	on
September 	8,
	1981.
Pursuant 	to
	section
	32360
	of 	the 	Board's
	rules,
	y01..f
may
appeal
	this 	rejection
	to 	the
	Board
	itself.
	Should you
choose
	to
	do
	so,
	your 	appeal
	must 	be
	received 	in 	this
office
	on
	or before
	Monday, 	September 	21, 	1981.
	Service
and
	proof
	of 	service 	of 	the 	appeal
	on
	the 	other 	party
	is
required.
Sincerely,
V
J.	
STEPHEN	
BARBER
Executive 	Assistant 	to 	the
	Board
cc:
	E. 	Luis 	Saenz, 	Atty.
California
	School 	Employees
	Association