PERB Decision No. 0462E•Milpitas Unified School District (PERB 0462E)
Milpitas Unified School District (PERB 0462E)
PERB Decision No. 0462ECalperb13 de dez. de 1984
Texto completo
STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD FRANCES CHAPMAN, ET AL . , Charging Parties, Case No. SF-CE-933 v. PERB Decision No. 462 MILPITAS UNIFIED SCHOOL DISTRICT, December 13, 1984 Respondent. Appearances : David T. Bryant, Attorney for Frances Chapman, et al.; Littler, Mendelson, Fastiff & Tichy by Richard J. Loftus, Jr. and Janice M. Jablonski for the Milpitas Unified School District. Before Hesse, Chairperson; Jaeger and Morgenstern, Members* DECISION This case is before the Public Employment Relations Board on exceptions filed by the Charging Parties to the Board agent's dismissal, attached hereto, of their unfair practice charge alleging that the Milpitas Unified School District violated section 3543.5(a) of the Educational Employment Relations Act (Government Code section 3540 et seq. ) . We have reviewed the Board agent's dismissal and, finding it free from prejudicel error, adopt it as the decision of the Board itself. ORDER The unfair practice charge in Case No. SF-CE-933 is DISMISSED WITHOUT LEAVE TO AMEND. By the BOARD *Members Burt and Tovar did not participate in this Decision. STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD FRANCES CHAPMAN, ET AL. , Charging Parties, v. MILPITAS UNIFIED SCHOOL DISTRICT, Respondent. ) ) ) ) ) ) ) ) ) _____________________ ) Case No. SF-CE-933 PERB Decision No. 462 December 13, 1984 Appearances: David T. Bryant, Attorney for Frances Chapman, et al.; Littler, Mendelson, Fastiff & Tichy by Richard J. Loftus, Jr. and Janice M. Jablonski for the Milpitas Unified School District. Before Hesse, Chairperson; Jaeger and Morgenstern, Members* DECISION This case is before the Public Employment Relations Board on exceptions filed by the Charging Parties to the Board agent's dismissal, attached hereto, of their unfair practice charge alleging that the Milpitas Unified School District violated section 3543.S(a) of the Educational Employment Relations Act (Government Code section 3540 et seq.). we have reviewed the Board agent's dismissal and, finding it free from prejudical error, adopt it as the decision of the Board itself. ORDER The unfair practice charge in Case No. SF-CE-933 is DISMISSED WITHOUT LEAVE TO AMEND. By the BOARD *Members Burt and Tovar did not participate in this Decision.
STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Governor
PUBLIC EMPLOYMENT RELATIONS BOARD
Headquarters Office
1031 18th Stree
Sacramento, California 95814
(916) 322-3088
September 18, 1984
David T. Bryant, Esq.
National Right to Work
Legal Defense Foundation
8001 Braddock Road, Suite 600
Springfield, VA 22160
Richard Loftus, Esq.
Littler, Mendelson, Fastiff & Tichy
111 Almaden Blvd. , Suite 400
San Jose, CA 95113-2093
Re: REFUSAL TO ISSUE COMPLAINT AND DISMISSAL OF UNFAIR PRACTICE
CHARGE; Chapman et al. v. Milpitas USD, SF-CE-933
Dear Parties:
Pursuant to Public Employment Relations Board (PERB) Regulation
section 32620 (5), a complaint will not be issued in the
above-referenced case and the pending charge is hereby
dismissed because it fails to allege facts sufficient to state
a prima facie violation of the Educational Employment Relations
Act (EERA) .1/
The charge alleges that the District violated the EERA by
entering into a collective bargaining agreement with the
Association which provided for automatic deduction of agency
fees. The agency fee clause in question calls for collection
of nonmember service fees in an amount not exceeding the amount.
of initiation fee, dues and general assessment. These
/ References to the EERA are to Government Code sections
3540 et seq. All section references are to the EERA unless
otherwise indicated. PERB Regulations ("Board Rules") are
codified at California Administrative Code, Title 8.
2/The organizational security provision in the parties'
collective bargaining agreement states, in relevant part:
20.4 Each unit member covered by this agreement who is a
member of the Association at the time this agreement
STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Governor
PUBLIC EMPLOYMENT RELATIONS BOARD
Headquarters Office
1031 18th Street
Sacramento, California 95814
(916) 322-3088
September 18, 1984
David T. Bryant, Esq.
National Right to Work
Legal Defense Foundation
8001 Braddock Road, Suite 600
Springfield, VA 22160
Richard Loftus, Esq.
Littler, Mendelson, Fastiff & Tichy
111 Almaden Blvd., Suite 400
San Jose, CA 95113-2093
Re: REFUSAL TO ISSUE COMPLAINT AND DISMISSAL OF UNFAIR PRACTICE
CHARGE; Chapman et al. v. Milpitas USD, SF-CE-933
Dear Parties:
Pursuant to Public Employment Relations Board (PERB) Regulation
section 32620(5), a complaint will not be issued in the
above-referenced case and the pending charge is hereby
dismissed because it fails to allege facts sufficient to state
a prima facie violation of the Educational Employment Relations
Act (EERA).1/
The charge alleges that the District violated the EERA by
entering into a collective bargaining agreement with the
Association which provided for automatic deduction of agency
fees. The agency fee clause in question calls for collection
of nonmember service fees in an amount not exceeding the amount
2 of initiation fee, dues and general assessment. / These
~·
1/ 1 References to the BERA are to Government Code sections
3540 et seq. All section references are to the EERA unless
otherwise indicated. PERB Regulations ("Board Rules"} are
codified at California Administrative Code, Title 8.
2/The organizational security provision in the parties'
collective bargaining agreement states, in relevant part:
20.4 Each unit member covered by this agreement who is a
member of the Association at the time this agreementDavid Bryant David Bryant Richard Loftus Richard Loftus September 18, 1984 September 18, 1984 Page 2 Page 2 fees, it is alleged, are passed on by the employer to the Association, which allegedly spends them for purposes to which the chargj_ng parties object. fees, it is alleged, are passed on by the employer to the Association, which allegedly spends them for purposes to which the charging parties object. Discussion Any argument that the District conduct described above violated the Act must be rejected for the following reasons: 1 . The validity of compulsory payments to labor organization has long been established. (Railway Employees Department v. Hanson (1956) 351 U.s. 225 [38 LRRM 2099]; International Association of Machinists v. Street (1960) 367 U.S. 740 T48 LRRM 2345.; Abood v. Detroit Board of Education (1977) 431 is executed shall maintain his/her membership in the Association for the term of this agreement. Discussion Any argument that the District conduct described above violated the Act must be rejected for the following reasons: l. The validity of compulsory payments to labor organization has long been established. (Railway Employees Department v. Hanson (1956) 351 U.S. 225 [38 LRRM 2099]: International AssocJ.ation of Machinists v. Street (1960) 367 U.S. 740 T49 LR.AA 2345.I: Abood v. Detroit Board of Education (1977) 431 is executed shall maintain his/her membership in the Association for the term of this agreement. 20.4.1 Bargaining unit members shall, within thirty (30) days of the .. effective date of this agreement or within thirty (30) days of their employment date, whichever is later, either join the Association by executing a payroll deduction authorization form for payment of dues or pay a service fee equal to dues, initiation fees and general assessment (hereinafter "service fees"), by executing a service fee deduction authorization form for the payment of such fee. Bargaining unit members shall, within thirty (30) days of the effective date of this agreement or within thirty (30) days of their employment date, whichever is later, either join the Association by executing a payroll deduction authorization form for payment of dues or pay a service fee equal to dues, initiation fees and general assessment (hereinafter "service fees"), by executing a service fee deduction authorization form for the payment of such fee. 20.4.1.1 Nothing contained herein shall prohibit a service fees directly to the Association. 20.4.1.2 If a unit member withdraws a dues or service fee authorization and/or fails to pay dues/service fees directly to the Association, the District shall, upon notification from the Association and notice to the unit member, deduct from the wages of said unit member, and pay to the Association, all dues/service fees owed to the Association as provided in accordance with Education Code Section 45061. 20.4.1.l Nothing contained herein shall prohibit a unit member from paying dues or dues or service fees directly to the Association. unj_ t member from paying 20.4.1.2 If a unit member withdraws a dues or service fee authorization and/or fails to pay dues/servj_ce fees directly to the Association, the District shall, upon notification from the Association and notice to the unit member, deduct from the wages of said unit member, and pay to the Association, all dues/service fees owed to the Association as provided in accordance with Education Code Section 45061.
Davj_d Bryant Richard Loftus September 18, 1984 Page 3 U.S. 209 r95 LRRM 2411]: Ellis, et al. v. Brotherhood of Railway, Airline and Steamship Clerks (4/25/84) U.S. f80 L.Ed.2d 428, 52 U.S.L.W. 4499].) Consistent with thi_s_ principle, the EERA specifically permits collective bargaining agreements to include agency fee provisions requiring employees e5.ther to join the exclusive representative, or pay a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments (sections 3546 and 3540.1(2)). 2. Employee organizations may violate the EERA when they spend objecting nonmembers' agency fees on activities which are unrelated to the exclusive representative's representational role. (King City Union High School District (3/3/82) PERB Decision No. 197: Abood, supra.) The employer, however, cannot be held responsible for the expenditures of the exclusive representative. Rather, agency fees, like membership dues, are a matter of internal organizational policy and concern: The employer's interest in the subject is limited to its willingness to impose on its non-union employees an agency fee requirement and, if so, whether an authorizat:i.on election [Gov. Code section 3546] is desired. (Fresno Unified School District (4/30/82) PERB Decision No. 208, at p. 21. ) Indeed, the Board has held an employer's insistence on a "cap" on agency fees constitutes an unlawful bargaining proposal. (Fresno, supra, at pp. 21-22.) 3. The Charging Party finds particular fault in the employer's implementation of automatic deduction of agency fees. Payroll deductions of agency fees, however, may be lawfully made ··· w:i.thout the permj_ssion of employees who are obligated under a collective bargaining agreement to pay such fees. The Board has observed that under the EERA, Prior approval of the payer [for an agency fee deduction] is not only unnecessary but inconsistent with the involuntary nature of such fees. Withholding approval would enable the nonmember to circumvent the legislative purpose and negotiated agreement. To provide involuntary payors
Dav:i.d Bryant Richard Loftus September 18, 1984 Page 4- with this option would inevitably lead to unduly burdensome collection problems and ultimately to the wholesale enforcement of the employment termination provls:i.ons of section 3540.l(i), a consequence that would be detrimental to the educational system and to peaceful labor relations in the districts. (King City, supra, p. 25.) Furthermore, the Education Code expressly provides that school district governing boards "shall, with or without charge, reduce the order for the payment of service fees to the certified or recognized organization as required by an organizational security arrangement between the exclusive representative and a public school employer •••• " (Education Code section 45061.) Accordingly, the automatic deduction clause in the parties' agreement does not contribute toward an unfair practice. • For the forego:i.ng reasons, no complaint will issue and the. charge is hereby DISMISSED.3/ Pursuant to Board Rule 32635 (California Administrative Code, Title 8, part III), you may appeal the refusal to issue a complaint (dismissal) to the Board itself. Right to Appeal -You may obtain a review of this dismissal of the charge by filing an appeal to the Board itself within twenty (20) calendar days after service of this dismissal (Board Rule 32635(a)). To be timely filed, the original and five (5) copies of such appeal must be actually received by the Board itself before the close of business (5:00 p.m.) on Tuesday, 3/Th.e Charging Party appears to argue that the District is a necessary party to the formulation of a meaningful remedial order against the Association. Even if this is true, however, it does not mean that the District has committed an unfair practice. Further, adequate procedural mechanisms are available to protect the charging party's interest. See, e.g., Board Rule 32164(d)(l).
David Bryant Richard Loftus September 18, 1984 Page 5 October 9, 1984, or sent by telegraph or certified United States ma:i.1 postmarked not later than October 9, 1984, (Board Rule 32135). The Board's address is: Public Employment Relations Board 1031 18th Street Sacramento, CA 95814 If you file a timely appeal of the refusal to issue a complaint, any other party may file with the Board an original and five (5) cop:i.es of a statement in opposition within twenty ( 20) calendar days following the date of service of the appeal (Board Rule 32635(b)). Service All documents authorized to be filed herein must also be "served" upon all parties to the proceeding, and a "proof of service" must accompany the document filed with the Board itself (see Board Rule 32140 for the required contents and a sample form). The a.ocument will be considered properly "served" when personally delivered or deposited in the first-class mail postage pa:i.d and properly addressed. Extension of Ti.me A request for an extension of time in which to file a document with the Board j_tself must be in writing and filed with the Board at the previously noted address. A request for an extension must be filed at least three (3) calendar days before the expiratlon of the time required for filing the document. The request must indicate good cause for and, if known, the position of each other party regarding the extension, and shall be accompanied by proof of service of the request upon each party (Board Rule 32132).
David Bryant Rj_chard Loftus September 18, 1984 Page 6 Final Date If no appeal is filed within the specified time limits, the dismissal will become final when the time limits have expired. Very truly yours, DENNIS M. SULLIVAN General Counsel Byrst/4vJ FREY SLOAN Assistant General Counsel 8764b
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OCR transcription for search; preserved printed pages are authoritative
STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
FRANCES CHAPMAN, ET AL.,
Charging Parties, Case No. SF-CE-933
Ve PERB Decision No. 462
MILPITAS UNIFIED SCHOOL DISTRICT, December 13, 1984
Respondent.
Appearances: David T. Bryant, Attorney for Frances Chapman, et
al.; Littler, Mendelson, Fastiff & Tichy by Richard J. Loftus,
Jr. and Janice M. Jablonski for the Milpitas Unified School
District.
Before Hesse, Chairperson; Jaeger and Morgenstern, Members*
DECISION
This case is before the Public Employment Relations Board
on exceptions filed by the Charging Parties to the Board
agent's dismissal, attached hereto, of their unfair practice
charge alleging that the Milpitas Unified School District
violated section 3543.5(a) of the Educational Employment
Relations Act (Government Code section 3540 et seq.).
We have reviewed the Board agent's dismissal and, finding
it free from prejudical error, adopt it as the decision of the
Board itself.
ORDER
The unfair practice charge in Case No. SF-CE-933 is
DISMISSED WITHOUT LEAVE TO AMEND.
By the BOARD
*Members Burt and Tovar did not participate in this Decision.
STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Governor
PUBLIC EMPLOYMENT RELATIONS BOARD
Headquarters Office
1031 18th Stree
Sacramento, California 95814
(916) 322-3088
September 18, 1984
David T. Bryant, Esq.
National Right to Work
Legal Defense Foundation
8001 Braddock Road, Suite 600
Springfield, VA 22160
Richard Loftus, Esq.
Littler, Mendelson, Fastiff & Tichy
111 Almaden Blvd. , Suite 400
San Jose, CA 95113-2093
Re: REFUSAL TO ISSUE COMPLAINT AND DISMISSAL OF UNFAIR PRACTICE
CHARGE; Chapman et al. v. Milpitas USD, SF-CE-933
Dear Parties:
Pursuant to Public Employment Relations Board (PERB) Regulation
section 32620 (5), a complaint will not be issued in the
above-referenced case and the pending charge is hereby
dismissed because it fails to allege facts sufficient to state
a prima facie violation of the Educational Employment Relations
Act (EERA) .1/
The charge alleges that the District violated the EERA by
entering into a collective bargaining agreement with the
Association which provided for automatic deduction of agency
fees. The agency fee clause in question calls for collection
of nonmember service fees in an amount not exceeding the amount.
of initiation fee, dues and general assessment. These
/ References to the EERA are to Government Code sections
3540 et seq. All section references are to the EERA unless
otherwise indicated. PERB Regulations ("Board Rules") are
codified at California Administrative Code, Title 8.
2/The organizational security provision in the parties'
collective bargaining agreement states, in relevant part:
20.4 Each unit member covered by this agreement who is a
member of the Association at the time this agreement
STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Governor
PUBLIC EMPLOYMENT RELATIONS BOARD
Headquarters Office
1031 18th Street
Sacramento, California 95814
(916) 322-3088
September 18, 1984
David T. Bryant, Esq.
National Right to Work
Legal Defense Foundation
8001 Braddock Road, Suite 600
Springfield, VA 22160
Richard Loftus, Esq.
Littler, Mendelson, Fastiff & Tichy
111 Almaden Blvd., Suite 400
San Jose, CA 95113-2093
Re: REFUSAL TO ISSUE COMPLAINT AND DISMISSAL OF UNFAIR PRACTICE
CHARGE; Chapman et al. v. Milpitas USD, SF-CE-933
Dear Parties:
Pursuant to Public Employment Relations Board (PERB) Regulation
section 32620(5), a complaint will not be issued in the
above-referenced case and the pending charge is hereby
dismissed because it fails to allege facts sufficient to state
a prima facie violation of the Educational Employment Relations
Act (EERA).1/
The charge alleges that the District violated the EERA by
entering into a collective bargaining agreement with the
Association which provided for automatic deduction of agency
fees. The agency fee clause in question calls for collection
of nonmember service fees in an amount not exceeding the amount
2 of initiation fee, dues and general assessment. / These
~·
1/ 1 References to the BERA are to Government Code sections
3540 et seq. All section references are to the EERA unless
otherwise indicated. PERB Regulations ("Board Rules"} are
codified at California Administrative Code, Title 8.
2/The organizational security provision in the parties'
collective bargaining agreement states, in relevant part:
20.4 Each unit member covered by this agreement who is a
member of the Association at the time this agreement
David Bryant David Bryant
Richard Loftus Richard Loftus
September 18, 1984 September 18, 1984
Page 2 Page 2
fees, it is alleged, are passed on by the employer to the
Association, which allegedly spends them for purposes to which
the chargj_ng parties object.
fees, it is alleged, are passed on by the employer to the
Association, which allegedly spends them for purposes to which
the charging parties object.
Discussion
Any argument that the District conduct described above violated
the Act must be rejected for the following reasons:
1 . The validity of compulsory payments to labor organization
has long been established. (Railway Employees Department v.
Hanson (1956) 351 U.s. 225 [38 LRRM 2099]; International
Association of Machinists v. Street (1960) 367 U.S. 740
T48 LRRM 2345.; Abood v. Detroit Board of Education (1977) 431
is executed shall maintain his/her membership in
the Association for the term of this agreement.
Discussion
Any argument that the District conduct described above violated
the Act must be rejected for the following reasons:
l. The validity of compulsory payments to labor organization
has long been established. (Railway Employees Department v.
Hanson (1956) 351 U.S. 225 [38 LRRM 2099]: International
AssocJ.ation of Machinists v. Street (1960) 367 U.S. 740
T49 LR.AA 2345.I: Abood v. Detroit Board of Education (1977) 431
is executed shall maintain his/her membership in
the Association for the term of this agreement.
20.4.1 Bargaining unit members shall, within thirty (30)
days of the .. effective date of this agreement or
within thirty (30) days of their employment date,
whichever is later, either join the Association by
executing a payroll deduction authorization form
for payment of dues or pay a service fee equal to
dues, initiation fees and general assessment
(hereinafter "service fees"), by executing a
service fee deduction authorization form for the
payment of such fee.
Bargaining unit members shall, within thirty (30)
days of the effective date of this agreement or
within thirty (30) days of their employment date,
whichever is later, either join the Association by
executing a payroll deduction authorization form
for payment of dues or pay a service fee equal to
dues, initiation fees and general assessment
(hereinafter "service fees"), by executing a
service fee deduction authorization form for the
payment of such fee.
20.4.1.1 Nothing contained herein shall prohibit
a
service fees directly to the Association.
20.4.1.2 If a unit member withdraws a dues or
service fee authorization and/or fails
to pay dues/service fees directly to the
Association, the District shall, upon
notification from the Association and
notice to the unit member, deduct from
the wages of said unit member, and pay
to the Association, all dues/service
fees owed to the Association as provided
in accordance with Education Code
Section 45061.
20.4.1.l Nothing contained herein shall prohibit
a unit member from paying dues or dues or
service fees directly to the Association.
unj_ t member from paying
20.4.1.2 If a unit member withdraws a dues or
service fee authorization and/or fails
to pay dues/servj_ce fees directly to the
Association, the District shall, upon
notification from the Association and
notice to the unit member, deduct from
the wages of said unit member, and pay
to the Association, all dues/service
fees owed to the Association as provided
in accordance with Education Code
Section 45061.
Davj_d Bryant
Richard Loftus
September 18, 1984
Page 3
U.S. 209 r95 LRRM 2411]: Ellis, et al. v. Brotherhood of
Railway, Airline and Steamship Clerks (4/25/84) U.S.
f80 L.Ed.2d 428, 52 U.S.L.W. 4499].) Consistent with thi_s_
principle, the EERA specifically permits collective bargaining
agreements to include agency fee provisions requiring employees
e5.ther to join the exclusive representative, or pay a service
fee in an amount not to exceed the standard initiation fee,
periodic dues, and general assessments (sections 3546 and
3540.1(2)).
2. Employee organizations may violate the EERA when they spend
objecting nonmembers' agency fees on activities which are
unrelated to the exclusive representative's representational
role. (King City Union High School District (3/3/82) PERB
Decision No. 197: Abood, supra.) The employer, however, cannot
be held responsible for the expenditures of the exclusive
representative. Rather, agency fees, like membership dues, are
a matter of internal organizational policy and concern:
The employer's interest in the subject is
limited to its willingness to impose on its
non-union employees an agency fee
requirement and, if so, whether an
authorizat:i.on election [Gov. Code section
3546] is desired. (Fresno Unified School
District (4/30/82) PERB Decision No. 208, at
p. 21. )
Indeed, the Board has held an employer's insistence on a "cap"
on agency fees constitutes an unlawful bargaining proposal.
(Fresno, supra, at pp. 21-22.)
3. The Charging Party finds particular fault in the employer's
implementation of automatic deduction of agency fees. Payroll
deductions of agency fees, however, may be lawfully made ···
w:i.thout the permj_ssion of employees who are obligated under a
collective bargaining agreement to pay such fees. The Board
has observed that under the EERA,
Prior approval of the payer [for an agency
fee deduction] is not only unnecessary but
inconsistent with the involuntary nature of
such fees. Withholding approval would
enable the nonmember to circumvent the
legislative purpose and negotiated
agreement. To provide involuntary payors
Dav:i.d Bryant
Richard Loftus
September 18, 1984
Page 4-
with this option would inevitably lead to
unduly burdensome collection problems and
ultimately to the wholesale enforcement of
the employment termination provls:i.ons of
section 3540.l(i), a consequence that would
be detrimental to the educational system and
to peaceful labor relations in the
districts. (King City, supra, p. 25.)
Furthermore, the Education Code expressly provides that school
district governing boards "shall, with or without charge,
reduce the order for the payment of service fees to the
certified or recognized organization as required by an
organizational security arrangement between the exclusive
representative and a public school employer •••• "
(Education Code section 45061.) Accordingly, the automatic
deduction clause in the parties' agreement does not contribute
toward an unfair practice.
• For the forego:i.ng reasons, no complaint will issue and the.
charge is hereby DISMISSED.3/
Pursuant to Board Rule 32635 (California Administrative Code,
Title 8, part III), you may appeal the refusal to issue a
complaint (dismissal) to the Board itself.
Right to Appeal
-You may obtain a review of this dismissal of the charge by
filing an appeal to the Board itself within twenty (20)
calendar days after service of this dismissal (Board
Rule 32635(a)). To be timely filed, the original and five (5)
copies of such appeal must be actually received by the Board
itself before the close of business (5:00 p.m.) on Tuesday,
3/Th.e Charging Party appears to argue that the District
is a necessary party to the formulation of a meaningful
remedial order against the Association. Even if this is true,
however, it does not mean that the District has committed an
unfair practice. Further, adequate procedural mechanisms are
available to protect the charging party's interest. See, e.g.,
Board Rule 32164(d)(l).
David Bryant
Richard Loftus
September 18, 1984
Page 5
October 9, 1984, or sent by telegraph or certified United States
ma:i.1 postmarked not later than October 9, 1984, (Board Rule
32135). The Board's address is:
Public Employment Relations Board
1031 18th Street
Sacramento, CA 95814
If you file a timely appeal of the refusal to issue a complaint,
any other party may file with the Board an original and five (5)
cop:i.es of a statement in opposition within twenty ( 20) calendar
days following the date of service of the appeal (Board
Rule 32635(b)).
Service
All documents authorized to be filed herein must also be
"served" upon all parties to the proceeding, and a "proof of
service" must accompany the document filed with the Board itself
(see Board Rule 32140 for the required contents and a sample
form). The a.ocument will be considered properly "served" when
personally delivered or deposited in the first-class mail
postage pa:i.d and properly addressed.
Extension of Ti.me
A request for an extension of time in which to file a document
with the Board j_tself must be in writing and filed with the
Board at the previously noted address. A request for an
extension must be filed at least three (3) calendar days before
the expiratlon of the time required for filing the document.
The request must indicate good cause for and, if known, the
position of each other party regarding the extension, and shall
be accompanied by proof of service of the request upon each
party (Board Rule 32132).
David Bryant
Rj_chard Loftus
September 18, 1984
Page 6
Final Date
If no appeal is filed within the specified time limits, the
dismissal will become final when the time limits have expired.
Very truly yours,
DENNIS M. SULLIVAN
General Counsel
Byrst/4vJ FREY SLOAN
Assistant General Counsel
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