Monterey Peninsula Community College District (PERB A032E)

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STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD

MONTEREY PENINSULA COMMUNITY COLLEGE
DISTRICT,

Employer, Case No. SF-R-481
and

MONTEREY PENINSULA COLLEGE TEACHERS
ASSOCIATION, CTA/NEA,

PERB Order No. Ad-32

Employee Organization,
May 16, 1978
and

FACULTY ASSOCIATION OF MONTEREY
PENINSULA COLLEGE,

)
)
)
)
)
)
)
) Administrative Appeal
)
)
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)
Employee Organization. )
)
)

Appearances: Keith V. Breon, Attorney (Breon, Galgani & Godino)
for Monterey Peninsula Community College District; Duane B. Beeson,
Attorney (Brundage, Beeson, Tayer & Fovach) for Monterev Peninsula
College Teachers Association, CTA/NEA; Elliot Roberts and

Dr. Whitney Baines for Faculty Association of Monterey Peninsula
College.

Before: Gluck, Chairperson; Cossack Twohey and Gonzales, Members.

OPINION

In this case, Monterey Peninsula College Teachers Association,
CT A/NEA (hereafter, "CTA") appeals from the Executive Assistant to
the Board's rejection of its untimely filed exceptions to a hearing
officer proposed decision concerning challenged ballots. The record
shows that CTA initially was granted a seven-day extension of time
for filing its exceptions, and that it ultimately filed its
exceptions one day later than the revised due date of December 5.

In its appeal, CTA states that it placed its exceptions in
the mail in San Francisco on Saturday, December 3, two days before
the due date. While it concedes that the exceptions consumed three
days in transit between San Francisco and Sacramento, CTA states

that
	its
	appeal 	should
	be
	granted
	because
	it
	is
	"reasonable" 	to
assume
	that
	delivery
	by
	the
	Postal
	Service
	will
	be
	accomplished
within
	two
	days.
CTA's
	appeal
	does
	not
	show
	sufficient
	cause 	to
	disregard
	the
1
filing
	requirements
	of
	rule
	33380,
	It
	is
	common
	knowledge
	that
delays
	in 	deliveries	
by 	the
	Postal
	Service
	are 	not
	unusual,
	and
therefore
	it
	is
	neither
	"reasonable" 	nor 	excusable 	to
	assume
	that
delivery
	between
	San
	Francisco
	and 	Sacramento
	will
	be
	made
	within
2two
	days.
	See
	Anaheim Union High
	School
	District,
	and 	compare
3
Chula
	Vista 	City
	School
	District.
	The
	appeal
	therefore
	is
	denied.
ORDER
The
	Executive
	Assistant
	to 	the 	Board's
	rejection
	of 	the
exceptions
,,
sustained
	by
	the
	Board
	itself.
By:
~&--1~~
<erI'ou
	Cossack
	Twohey,	
Merner
/
1
cal.
	Admin. 	Code,
	title
	8, 	sec.
	33380.
2
(3/16/78)
	PERB
	Order 	No. 	Ad-27.
3
(4/4/78)
	PERB
	Order No. 	Ad-29.
-2-

STATE OF
CALIFORNIA
EDUCATIONAL 	EMPLOYMENT RELATIONS 	BOARD
~eadquarters Office
1
23
	12th
Street,
Suite
201
Sacramento, California 	95814
(916) 322-3088
Decerrber
7,-
1977
Mr.
	Duane Beeson
Brundage, 	Beeson, 	Tayer & Kovach
100 Bush
Street,
	Suite
1500
San
Francisco,
	CA
	94104
EDMUND
Q.
BROWN JR., Governor
Re:
	1-bnterey
Peninsula
Junior
College
District
and MJnterey
College
Teachers
Assn.,	
CTA/NEA,	
Case
No.
	SF-R-481
Dear
Mr.
	Beeson:
This
will
acknowledge
receipt of
the
Exceptions
	filed
by
the
MJnterey
College
Teachers
Association;
	CTA/NEA,
	in
the
above-captioned
case.
Unfortunately,
	your exceptions
were
not
timely
filed.
Exceptions
	to the
proposed
decision
were due
	to
be
filed
by
the llinterey
College Teachers
Association
on Novenner 28, 	1977.
	At_
your
request
and
the
agreement
of
the·other parties
	to the case,
	an
extension
of tine
to
file
exceptions
was
	granted by
this office.
	T:im:
	to
	file
	exceptions
was
	extended
until
Decenner
5,
	1977. 	Exceptions were
not received
in
this office until
December 6, 	1977.
As
a
	result of this failure
	to
	t:im:ly
file,
	the
enclosed exceptions
cannot be submitted
to the
Board
itself
for consideration. 	Please be
advised
that
while there are
no
rules 	to
	this effect,
	you
are
welcorre
to appeal
this rejection of
your
filing
to the
Board
itself.
	Should you
choose
	to
do
	so, 	your appeal should be
filed in this office
on
or beforeten calendar
days from
service
of this
	comnunication.
Sincerely,
~'&:~
Stephen Barber
Executive Assistantto 	the
Board
Enclosure

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