Konocti Unified School District (PERB A071E)

STATE
	OF
	CALIFORNIA
DECISION
	OF
	THE
PUBLIC
	EMPLOrMENT
	RELATIONS
	BOARD
KONOCTI
	UNIFIED
	SCHOOL
	DISTRICT,
Employer,
and
CALIFORNIA
	SCHOOL
	EMPLOYEES
ASSOCIATION,
	CHAPTER
	228,
Employee
	Organization,
and
KONOCTI
	CLASSIFIED
	EMPLOYEES
	GROUP,
Employee
	Organization,
APPELLANT.
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Case
	No.
	SF-D-32
PERB
	Order
	No. 	Ad-71
Administrative
	Appeal
July
	16,
	1979
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Appearances: 	Joe
	Elleard
	for 	Konocti
	Classified
	Employees 	Group,Wes
	Franklin, 	President, 	for 	Caliornia
	School
	Employees
Association,
	Chapter 	228, 	Jerome
	J.
	Tichy,
	Assistant 	Superintendent
for
	Konocti
	Unified
	School
	District.
DECISION
Joe
	Elleard,
	on
	behalf 	of
	a
group
	of
	Konocti
	Unified 	School
District
	(hereafter 	District) 	classified
	employees,
	appeals
from
	the 	executive
	assistant's
	determination
	that
	an
	appeal
filed
	with 	the 	Public
	Employment
	Relations
	Board
	(hereafter
PERB
	or 	Board) 	on
	May
	23, 	1979, 	was
	untimely.
	The 	May 	23
appeal
	(from 	a
	determination 	of 	the
	San
	Francisco 	regional
director 	to 	stay
	a
	decertification 	election
	among
	District
classified
	employees
	until
	pending 	unfair 	practice

charges
	were
	resolved)
	had	
to	
be
	actually
	received
	in
Sacramento
	on
	or
	before
	May
	21, 	1979,	
to	
be
	timely.1
Elleard 	offered
	no
	excuse
	for
	the
	late
	filing
	which,
according	
to	
Board
	rule
	32133,, (Cal.
	Admin. 	Code,
	tit.
	8,
sec.
	32133),
	may
	be
	excused
	"in
	the
	discretion
	of 	the
	Board
only
	under
	extraordinary 	circumstances."
	Nor
	does 	our
examination
	of
	this
	case 	reveal
	facts 	that 	constitute
"extraordinary
	circumstances."2
The
	executive
	assistant's
	decision
	is 	correct,
	and
	is
affirmed.
ORDER
The
	Public
	Employment
	Relations
	Board
	ORDERS
	that 	the
executive
	assistant's
	dismissal 	of 	Elleard's
	appeal
	in 	the
above-captioned 	matter
	is
	affirmed.
PER CURIAM
lBoard
	rule
	32360(b) 	(Cal.
	Admin. 	Code,
	tit.
	8, 	sec.
32360(b)) 	provides:
[An]
	appeal
	shall
	be
	"filed"
	with 	the
Executive 	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
rn 	Anaheim Union 	High 	School
	District
	(8/17/78)
	PERB
Order 	No. 	Ad-42
	at 	3, 	the 	Board
	said:
"Extraordinary 	circumstances" 	means 	exactly
that--out 	of 	the 	ordinary, 	remarkable,
unpredictable 	situations 	or 	occurrences 	far
exceeding 	the 	usual 	which 	prevent 	a 	timely
filing.