PERB Order No. A284E•San Jose Community College Faculty Association (Maestas-Flores) (PERB A284E)
San Jose Community College Faculty Association (Maestas-Flores) (PERB A284E)
PERB Order No. A284ECalperb30 mag 1997
Testo completo
STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD MARGARITA MAESTAS-FLORES, Charging Party, v. SAN JOSE COMMUNITY COLLEGE FACULTY ASSOCIATION, Respondent. ) ) ) ) ) ) ) ) ) ) Case No. SF-C0-513 Administrative Appeal PERB Order No. Ad-284 May 30, 1997 ___________________ ) Appearance: Law Offices of Robert J. Bezemek by Adam H. Birnhak, Attorney, for San Jose Community College Faculty Association. Before Caffrey, Chairman; Johnson and Dyer, Members. DECISION JOHNSON, Member: This case is before the Public Employment Relations Board (PERB or Board) on a request by the San Jose Community College Faculty Association (Association) that the Board accept its late filed response to Margarita Maestas-Flores' (Maestas-Flores) appeal of a Board agent's dismissal of an unfair practice charge. ~ACKGROUND Maestas-Flores's appeal was served on the Association by mail on February 14, 1997. According to PERB Regulation 32635(c) , 1 the Association's response was due to be filed at the 1 PERB regulations are codified at California Code of Regulations, title 8, section 31001 et seq. PERB Regulation 32635 states, in part, that: (c) If the charging party files a timely appeal of the refusal, any other party I!E-Y file with the Board itself an original and five copies of a statement in opposition
Sacramento headquarters office 2 no later than March 11, 1997. The Association's response was received by PERB's San Francisco regional office on March 10, 1997. The San Francisco regional office forwarded the Association's response to the Sacramento headquarters office, which received it on March 12, 1997, one day after the deadline. The PERE appeals assistant subsequently informed the Association that she was rejecting the response as untimely filed, and the Association now appeals that rejection. within 20 days following the date of serviceof the appeal .. DISCUSSION The Association requests that the Board excuse its late filing, explaining that it sent its response to the wrong office by honest mistake, noting that it typically makes numerous to the various PERB offices. the Association asserts that an unforeseeable mail delay contributed to the lateness. PERB Regulation 32136 provides that: A late filing may be excused in the discretion of the Board for good cause only. A late filing which has been excused becomesa timely filing under these regulations. 2 PERB Regulation 32142 provides, in pertinent part: Whenever a document is required to be "filed" or "served" with any of the below listed entities, the proper recipient shall be: (b) The Board itself: only at the headquarters office. 2
The sole issue is whether the Association has shown good cause for the Board to excuse its late filing. The Board has found good cause in identical circumstancc3 in North Orange County Regional Occupational Program (1990) PERB Decision No. 807.) Since there was a conscientious effort to timely file, we find that good cause exists and we excuse this late filing. ORDER The San Jose Community College Faculty Association's request to accept its late filed response to the appeal of the dismissal in Case No. SF-CO-513 is hereby GRANTED. Chairrnan Caffrey and Member Dyer joined in this Decision. 3
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