San Bernardino City Unified School District (PERB A105E)

STATE
	OF
	CALIFORNIA
DECISION
	OF 	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
SAN 	BERNARDINO 	TEACHERS
	ASSOCIATION,
CTA/NEA,
Charging
	Party,
V •
SAN
	BERNARDINO
	CITY 	UNIFIED
	SCHOOL
DISTRICT,
Respondent,
APPELLANT.
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Case 	No. 	LA-CE-509
PERB
	Order
	No. 	Ad-105
Administrative
	Appeal
December
	31, 	1980
Appearances:	
Ronald 	Ruud,
	Attorney 	(Atkinson, 	Andelson,
Ruud 	&
Romo)
	for
	San
	Bernardino
	City
	Unified
	School
	District;
A. 	Eugene
	Huguenin,
	Jr.
	(California
	Teachers
	Association) 	for
San
	Bernardino 	Teachers
	Association,
	CTA/NEA.
c.
Before
	Gluck,
	Chairperson;
	Moore, 	Member.
DECISION
This 	case
	is
	before 	the 	Public
	Employment
	Relations
	Board
on 	an
	appeal 	taken
	by
	the
	San
	Bernardino
	City 	Unified 	School
District
	to 	the 	attached 	determination
	by
	the 	Executive
Assistant 	to 	the
	Board
	that
	good
	cause
	existed
	as
	a
	basis 	for
granting
	an
	extension 	of
	time
	to
	file
	exceptions 	in 	the
captioned 	matter.
On
	the 	basis 	of 	the 	evidence
	and 	arguments 	presented 	in
this
	appeal,
	we
	find.that
	the 	reliance
	by
	the 	charging 	party
upon 	the 	advice 	of 	the 	Executive 	Assistant 	to 	the
	Board

constitutes
	the
	extraordinary
	circumstances
	justifying
	the
	late
filing
	of
	the
	written
	request 	for 	extension
	as
	required 	by
rule
	32133
	of
	the
	California
	Administrative
	Code.
	We
	further
find
	that
	good
	causel 	existed
	upon 	which
	the 	extension
	of
time
	was
	based.
ORDER
The
	appeal
	is
	DENIED. 	The
	extension of
	time
	granted
	to
file
	exceptions 	in
	this
	case
	is
	AFFIRMED.
PER
	CURIAM
lPERB
	rule
	32132(a)
	requires
	showing
	of
	good
	cause
	for
	an
extension 	of
	time
	in
	which
	to
	file:
(a} 	A
request 	for
	an
	extension 	of
	time
within
	which
	to
	file
	any 	document
	with
	the
Board
	itself
	shall
	be
	in 	writing
	and
	shall
be
	filed
	with
	the 	Executive
	Assistant 	to 	the
Board
	at
	the 	headquarters
	office 	at 	least
three
	days
	before 	the
	expiration 	of 	the
	time
required 	for
	filing.
	The
	request
	shallindicate
	good
	cause 	for
	and
	the
	position 	of
each
	other 	party 	regarding 	the 	extension.Service
	and
	proof 	of 	service 	pursuant 	to
section
	32140
	are 	required. 	Extensions 	of
time 	may 	be
	granted 	by 	the 	Executive
Assistant
	for
	good
	cause 	only.
2

STAT!!
OF
c..i.LIFORNIA
PUBLIC
	EMPLOYMENT
R.ELATIONS
	BOARD
Hecdquarters Office
923 12th Street, Suite
201
Sacramento, California 	95814
(916) 322-3088
November 	26, 	1980
San
	Bernardino
	City
	USD
Attn:
	Joseph
	Woodford
799 	F	
Street
San
	Bernardino,
	CA
	92410
San
	Bernardino 	Teachers
	Assoc.
Attn:
	Daniel 	Stubbs
1906 	S. 	Commercenter,
	East,
Suite
	104
San
	Bernardino,
	CA
	92408
RE:
	SAN BERNARDINO
	CITY
	USD
LA-CE-509
EDMUND
G.
BROWN JR.,
Governor
ATKINSON,
	ANDELSON,
	RUUD	
&	
ROMO
Attn:
	Ronald
	C.
	Ruud
290 	North 	D	
Street,
	Suite
	806
San
	Bernardino,
	CA
	92401
California
	Teachers
	Association
Department
	of
	Legal
	Services
1125 West
	Sixth
	Street
Los	
Angeles,
	CA
	90017
Dear
	Parties:
This
	will
	memorilize
	my
	decision granting
	an
	extension
	of
	time 	to
file
	exceptions
	in
	the 	above-captioned 	case.
On
Monday, 	November 	17, 	1980, 	I
	received
	a
	telephone
	call
	fromMr. 	Eugene Huguenin,
	counsel
	for 	the 	charging
	party
	(CTA).Mr. 	Huguenin 	informed
	me
	that
	the
	staff
person assigned 	to
	prepareexceptions
	has
	experienced
	a
	family
	emergency
	during 	the
	weekend and
would 	be
	absent
	from work
	for 	the 	balance
	of
	the
	week. 	I 	was
	also
informed
	that
	but 	for
	this
	emergency
	the 	exceptions
	would have 	been
timely
	filed
	by November 	20, 	1980.
	Later
	in
	the
	day
	Mr.
	Huguenin
called
	to
	tell
	me
	that
	counsel
	for 	the 	other 	party 	did not
	objectbut
	that
	he would 	check
with his
	client.
In response 	to 	the
	second phone
	call
	I 	asked
	Mr. 	Huguenin
	to
	send
me
a 	mailgram
	stating his 	request, 	reasons,
	and
	the
	position of 	the
other 	party.
	I 	asked
	that
	a 	mailgram be
	sent 	since 	not
	enough 	time
remained
	in 	the
	day
	for	
a	
telegram 	to 	be
	delivered 	to
	this 	office.
On	
Tuesday, 	November 	18, 	1980, 	I
	received
	a 	phone
	call
	from
Mr. 	Huguenin's
	secretary.
	She
	told
	me
	that
	she 	had
	forgotten 	to 	send
the 	mailgram 	the 	night 	before
	and asked
	if
	there
	was
	anything 	she
could 	do. 	I 	informed her 	that 	in 	light 	of 	the 	telephone
	call 	of 	the
previous 	day,
	a 	telegram received 	on November 	18th would be
	sufficient.

November 	26, 	1980
San
	Bernardino
	City
	USD
LA-CE-509
Page 	2
Later 	in
	the	
day on November
	18th,
	I
	received
word 	from
	counsel
for 	the
	district
	that his
	client
	objected
	to
	an
	extension
	of
	timeto
	file
	the 	exceptions.
Upon
	receipt 	of
	the 	telegram
	and
	following 	the
	call
	from
	district's
counsel,
	I
	concluded
	that
	good
	cause
	existed
	to
	grant
	an
	extension.
I
	so
	•informed
	the
	parties	
by	
mailgram
sent
	on November
	18, 	1980.
Sincerely,
J.
	STEPHEN
	BARBER
Executive
	Assistant
	to
	the
	Board