Folsom-Cordova Unified School District (PERB A015E)

ST.ATE OF CALIFORNIA
DECISION OF THE EDUCATIONAL
EMP1DYMENI' RELATIONS BOARD
In the Matter of Administrative Appeal of
Rejection of Filing of Appeal to the
Dismissal of the Unfair Charge
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 22,
Employee Organization, Appellant,
vs.
FOLSOM CORIXJVA UNIFIED SCHOOL DISTRICT,
Employer,
and
c.ALIFORNIA SCHOOL EMPLOYEES ASSOCIATION, CHAPTER 528,
Employee Organization.
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) 	Case Nos. 	S-CE-56
S-C0-15
EERB Order No. Ad-15
July 7, 	1977
ORDER
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Th.e determination by the Executive Assistant to the Board that the Charging
Party's appeal of the Notice of Dismissal, 	in the above-captioned case, was not
timely filed and cannot, 	therefore, be accepted is sustained by the Board itself.
Educational Employment Relations Board
by
~cr;~
STEPHEN BARBER
Executive Assistant to the Board
7/7/77
Jeri.lou H. Cossack, Member, 	concurring in part:
I concur in the rejection of the charging party's untimely appeal from the
hearing officer's dismissal of the charge. 	I believe that an administrative
agency, 	as Justice Tobriner 'Writing for the California. Supreme Court stated,
"must set forth findings 	to bridge the analytic gap bet:ween the rEM evidence
and ultimate decision or order.... 	Am:mg other functions a find.i.11.gs requirement
serves to conduce the administrative body to draw legally relevant subconclusions
supportive of its ultimate decision; 	the intended effect is to facilitate orderly

analysis and minimize the likelihood that the agency will randomly leap from
evidence to conclusions. . . . 	They also serve. a public relations function by
helping to persuade the parties that administrative decision-making is careful,
reasoned, 	and equitable." 	Topanga Assn. v. 	County of Los Angeles, 	11 Cal.3d 506,
113 Cal.Rptr. 	836 	(1974). 	Hc,r..;ever, a majority of the Board has elected not to
set forth its findings of fact and conclusions of law. 	It ~uld be an exercise
in futility for me, 	as one member, 	to do so, 	since neither the parties nor any
reviewing court could rely upon one member's opinion as accurately reflecting the
reasoning of the Board as a whole.
r;dtk-ds:iou H. 	G.ossack, Menber
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