PERB Decision No. 0131E•Ocean View School District (PERB 0131E)
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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 ) ) ) ) ) ) ) ) ) ) - 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
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