State of California (Department of Personnel Administration) (Rabisa) (PERB A266S)

STATE 	OF 	CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT RELATIONS 	BOARD
STEVE 	RABISA,
Charging 	Party,
v.
STATE 	OF 	CALIFORNIA 	(DEPARTMENT
OF 	PERSONNEL ADMINISTRATION),
Respondent.
Case 	No. 	SF-CE-130-S
Administrative 	Appeal
PERB 	Order No. 	Ad-266-S
February 	17, 	1995
Appearances: 	Cathy 	R. 	Hackett 	for 	Steve 	Rabisa; 	Joan 	E. 	Branin,
Labor 	Relations 	Counsel, 	for 	State 	of 	California 	(Department 	of
Personnel 	Administration).
Before 	Carlyle, 	Garcia 	and 	Johnson, 	Members.
DECISION
CARLYLE, 	Member: 	This 	case 	is 	before 	the 	Public 	Employment
Relations 	Board 	(PERB 	or 	Board) 	on 	appeal 	by 	Steve 	Rabisa
(Rabisa) 	to 	the 	PERB 	appeals 	assistant's 	rejection 	of 	his
untimely 	filed 	appeal 	of 	the 	Board 	agent's 	dismissal 	of 	unfair
practice 	Case 	No. 	SF-CE-130-S.
The 	Board 	has 	reviewed 	the 	appeal, 	and 	finds 	that 	good 	cause
does 	not 	exist 	to 	excuse 	the 	late 	filing. 1 	Mere 	allegations 	of
working 	only 	part-time 	on 	such 	labor 	matters 	plus 	a 	busy 	regular
1PERB 	regulations 	are 	codified 	at 	California 	Code 	of
Regulations, 	title 	8, 	section 	31001 	et 	seq. 	Regulation 	section
32136 	states, 	in 	pertinent 	part:
A late 	filing 	may 	be 	excused 	in 	the
discretion 	of 	the 	Board 	for 	good 	cause
only.

2
work 	schedule 	in 	connection with 	the 	late 	filing 	of 	a 	one 	page
appeal 	does 	not 	constitute 	good 	cause 	under 	PERB 	case 	law. 	(See
California 	Union 	of 	Safety 	Employees 	(John) 	(1995) 	PERB 	Order 	No.
Ad-264-S; 	North 	Orange 	County 	Regional 	Occupational 	Program
(1990) 	PERB 	Decision No. 	807; 	The 	Regents 	of 	the 	University 	of
California 	(Davis. 	Los 	Angeles. 	Santa 	Barbara 	and 	San Diego)
(1989) 	PERB 	Order 	No. 	Ad-202-H; 	Trustees 	of 	California 	State
University 	(1989) 	PERB 	Order 	No. 	Ad-192-H.)
ORDER
Rabisa's 	appeal 	of 	the 	PERB 	appeals 	assistant's 	rejection 	of
his 	untimely 	filed 	appeal 	of 	the 	Board 	agent's 	dismissal 	is
hereby 	DENIED.
Members 	Garcia 	and 	Johnson 	joined 	in 	this 	Decision.
2