California School Employees Association, Chapter 413 (Gonzalez) (PERB 1212EA)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
MARGARITA GONZALEZ,
Charging 	Party,
v.
CALIFORNIA 	SCHOOL 	EMPLOYEES
ASSOCIATION, 	CHAPTER 413,
Respondent.
) 	Case No. 	LA-CO-734
Request 	for Reconsideration
PERB Decision No. 	1212
PERB Decision No. 	1212a
October 20, 	1997
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Appearance: 	Margarita Gonzalez, 	on her own behalf.
Before Caffrey, 	Chairman; 	Johnson and Dyer, 	Members.
DECISION
CAFFREY, 	Chairman: 	This 	case 	is before the Public
Employment 	Relations 	Board 	(PERB or Board) 	on a 	request by
Margarita Gonzalez 	(Gonzalez) 	that 	the Board accept 	her late
filed 	request 	for 	reconsideration 	of 	California 	School 	Employees
Association, 	Chapter 413 	(Gonzalez) 	(1997) 	PERB Decision No. 	1212
(CSEA 	(Gonzalez)). 	In CSEA 	(Gonzalez). 	the Board dismissed
Gonzalez' 	unfair practice 	charge which alleged that 	the
California School 	Employees Association, 	Chapter 413 	denied her
the 	right 	to 	fair 	representation guaranteed by 	the 	Educational
Employment 	Relations Act 	(EERA) 	section 	3544.9 	and thereby
violated section 3543.6(b).1
1EERA is 	codified at Government 	Code 	section 3540 	et 	seq.
Section 3544.9 	states:
The 	employee 	organization 	recognized 	or
certified as 	the 	exclusive 	representative 	for
the purpose 	of 	meeting and negotiating 	shall
fairly 	represent 	each and 	every 	employee 	in
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the appropriate unit.
Section 3543.6 	states, 	in pertinent part:
It 	shall 	be unlawful 	for an employee
organization to:
(b) 	Impose or threaten to impose 	reprisals
on employees, 	to discriminate or threaten to
discriminate against 	employees, 	or otherwise
to interfere with, 	restrain, 	or coerce
employees because 	of 	their exercise 	of 	rights
guaranteed toy this 	chapter.
CSEA 	(Gonzalez) 	was 	issued on June 24, 	1997.2 PERB
Regulation 324103 states, 	in pertinent part:
(a) 	Any party to a decision of 	the Board
itself may, 	because of 	extraordinary
circumstances, 	file a request 	to reconsider
the 	decision within 20 	days 	following 	the
date 	of 	service 	of 	the decision.
Gonzalez' 	request 	for reconsideration of 	CSEA 	(Gonzalez)
was 	filed on September 2, 	70 	days 	following the date of 	service
of CSEA 	(Gonzalez).
PERB Regulation 3213 6 states, 	in pertinent part:
A late 	filing may be 	excused 	in 	the
discretion 	of 	the 	Board 	for good 	cause 	only.
Gonzalez 	provides 	no 	explanation for the 	late 	filing 	of 	her
request 	for 	reconsideration. 	Where a party 	fails 	to provide 	any
explanation to excuse a 	late 	filing, 	the Board 	is 	precluded 	from
finding 	that 	good cause 	exists. 	(Sonoma County Office 	of
Education 	(1992) 	PERB Order No. 	Ad-23 0; 	California Faculty
2A11 	dates 	refer to 1997.
3PERB 	regulations 	are 	codified at 	California 	Code 	of
Regulations, 	title 8, 	section 31001 et seq.
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Association 	(Gregg) 	(1995) 	PERB Order No. 	Ad-271-H.)
Accordingly, 	the Board finds 	that 	good 	cause does 	not 	exist 	to
excuse Gonzalez' 	late filing.
ORDER
Margarita Gonzalez' 	request 	that 	the 	Board accept 	her 	late
filed 	request 	for 	reconsideration 	of 	the 	Board's 	decision 	in
California School 	Employees Association, 	Chapter 413 	(Gonzalez)
(1997) 	PERB Decision No. 	1212 	is hereby DENIED.
Members 	Johnson and Dyer 	joined 	in 	this 	Decision.
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