Ocean View School District (PERB 0131E)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD	RELATIONS
	BOARD
STATE
OCEAN VIEW TEACHERS ASSOCIATION,
Charging Party,
v.
OCEAN VIEW SCHOOL DISTRICT,
Respondent.
OCEAN
Case N 	LA-CE-520
PERB Decision N 	1
No.	
LA-CE-520
PERB
	Decision	
No. 	31
June 	10,
	1980
131	o.
Appearances:	
A.
	Eugene
	Huguenin,
	Jr.,
	Attorney
	for
	Ocean 	View
	Teachers
Association;
	Steven
	J.
	Andelson,
	Attorney 	(Atkinson, 	Andelson,
	Ruud
& Romo)
	for
	Ocean 	View
	School
	District.
Case
Appearances: A. Eugene Huguenin, Jr., Attorney for Ocean View Teachers
Association; Steven J. Andelson, Attorney (Atkinson, Andelson, Ruud
& Romo) for Ocean View School District.
Before Gluck, Chairperson; Gonzales and Moore, Members.	
Before
ORDER	
ORDER
The Ocean View Teachers Association (hereafter Association)
requests this Board to excuse its late filing of exceptions in the
above-captioned matter. Counsel for the Association has stated
that chest pains were experienced on February 12th, the day
the
	day
before exceptions were due, preventing the timely filing.
The
We do not find the extraordinary circumstances, required	
We
	do
	not 	find 	the 	extraordinary 	circumstances, 	required
1
by Section 32133 of the California Administrative Code,	
by
	Section
	32133	
of 	the
	California Administrative
	Code,
necessary 	to 	excuse 	the
	late 	filing.
necessary to excuse the late filing.
Section 32133 states:1
section
	32133
	states:
Late Filing. 	A late filing may be excused in the discretion
of the Board only under extraordinary circumstances.
Late
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-
OF
	CALIFORNIA
DECISION
	OF
	THE
PUBLIC
	EMPLOYMENT
VIEW TEACHERS 	ASSOCIATION,
Charging
	Party,
V .
OCEAN
	VIEW
	SCHOOL
	DISTRICT,
Respondent.
o.
Gluck,
	Chairperson;
	Gonzales 	and
	Moore, 	Members.
Ocean
	View
	Teachers
	Association
	(hereafter
	Association)
requests
	this
	Board
	to
	excuse
	its
	late 	filing
	of
	exceptions
	in
	the
above-captioned
	matter.
	Counsel
	for 	the 	Association
	has
	stated
that
	chest 	pains
	were
	experienced
	on
	February 	12th,
before 	exceptions
	were 	due,
	preventing 	the 	timely
	filing.
Filing.
	A
late 	filing
	may
	be 	excused 	in 	the 	discretion
of 	the 	Board 	only under 	extraordinary 	circumstances.
June 10, 1980

Pursuant to rule 32135, the appeal of the dismissal issued by	
Pursuant 	to
	rule
	32135,
	the 	appeal
	of 	the 	dismissal 	issued
	by
the hearing officer in this case was due in the headquarters office	
the 	hearing
	officer
	in
	this
	case
	was
	due
	in
	the 	headquarters
	office
2
of this Board no later than 5 p.m. on February 13, 1980.	
of
	this
	Board
	no
	later
	than
	5
	p.m.
	on
	February
	13,
	1980
	. 	In order	
In
	order
to	to insure the arrival of the appeal from counsel's Los Angeles	
insure
	the
	arrival
	of
	the
	appeal
	from
	counsel's
	Los
	Angeles
office by that date, a mailing date of at least February 10th or	
office
	by
	that
	date,
	a
	mailing 	date
	of
	at 	least
	February
	10th
	or
11th would have been required. Our staff was not alerted on	
11th
	would
	have 	been
	required.
	Our
	staff
	was
	not
	alerted
	on
either of these dates that there might be a delay experienced in	
either
	of
	these 	dates
	that
	there
	might
	be
	a
	delay 	experienced
	in
filing.	
filing. 	Counsel sets forth that an illness during the prior week	
Counsel
	sets 	forth 	that
	an
	illness
	during 	the
	prior
	week
added to his workload as well. Our staff received no requests for	
added
	to
	his
	workload 	as
	well.
	Our
	staff
	received
	no
	requests
	for
an extension of time.	
an
	extension
	of
	time.
In addition, the appeal was actually filed on the 21st of	
21st
	of
February. This was one week following the due date for the appeal.	
for 	the 	appeal.
In
2
"Section 32135 states:	
section
	32135
	states:
Filing.
	All
	documents
	shall
	be
	considered
	"filed"
	by
	a
party
when
	actually
	received
	by
	the 	proper
	recipient
before 	the 	close 	of 	business
	on
	the
	last
	date
	set 	for
filing.
Filing.
The 	due
	date
	was
	set 	forth
	on
	the 	face 	of 	the 	Notice
	ofDismissal.
The due date was set forth on the face of the Notice of
Section
	32300(a)
	states:	Section 32300(a) states:
Exceptions 	to
	Board Agent
	Decision.	Exceptions to Board Agent Decision.
(a) 	"A
	party
may
	file
	with 	the
	Board
	itself
	..	
"
(emphasis 	added)	(emphasis added)
(a)
Section 	32142(b)
	states:	Section 32142(b) states:
Proper Recipient for Filing or Service. Whenever a
document is required to be "filed" or "served" with
any of the below listed entities, the proper recipient
shall be:
Proper
(b) The Board itself - only at the headquarters office;	(b)
-2-	-2-
addition,
	the
	appeal
	was
	actually
	filed
	on
	the
February.
	This
	was
	one
	week
	following 	the
	due
	date
The 	Board 	itself
	- 	only 	at 	the 	headquarters 	office;
Recipient 	for 	Filing 	or 	Service.
	Whenever 	a
document
	is 	required 	to 	be
	"filed" 	or 	"served" 	withany 	of 	the 	below
	listed 	entities, 	the 	proper 	recipient
shall be:
"A party may file with the Board itself . . ."
Dismissal.
All documents shall be considered "filed" by a
party when actually received by the proper recipient
before the close of business on the last date set for
filing.

Counsel was in fact back to work the day following the due date	the 	due 	date
but made no attempt to file at that time.
Counsel
Motion to excuse late filing is DENIED.	Motion
The Public Employment Relations Board hereby declares the 	the
dismissal of the unfair practice charge as final.
The
PER CURIAM	PER
- 3-	-3-
was 	in 	fact 	back 	to 	work 	the 	day 	following
but made 	no 	attempt 	to 	file 	at 	that 	time.
to 	excuse 	late 	filing 	is 	DENIED.
Public 	Employment 	Relations 	Board 	hereby 	declares
dismissal 	of 	the 	unfair 	practice 	charge 	as 	final.
CURIAM