Decision A052S – State of CA (CA State Communications Assn)

S-R-55-S

Decision Date: January 2, 1979

Decision Type: PERB Decision

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Perc Vol: 3
Perc Index: 10010

Decision Headnotes

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

32133 provides that a late filing may be excused by the Board if extraordinary circumstances are demonstrated which prevented a timely filing; rule applies to both SEERA and EERA; test is whether party demonstrates circumstances which were out of the ordinary, remarkable, unpredictable or far exceeding the usual circumstances preventing a timely filing; p. 3.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.01000 – In General/Definition of Appropriate Unit

Unit determination properly dismissed where employee organization failed to file its petition in a timely manner as required by PERB Regulation 41010(a); employee organization failed to demonstrate extraordinary circumstances as required by PERB Regulation 32133 to excuse late filing; pp. 2-3.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Unit determination properly dismissed where employee organization failed to file its petition in a timely manner as required by PERB Regulation 41010(a); employee organization failed to demonstrate extraordinary circumstances as required by PERB Regulation 32133 to excuse late filing; pp. 2-3. PERB Regulation 32133 provides that a late filing may be excused by the Board if extraordinary circumstances are demonstrated which prevented a timely filing; rule applies to both SEERA and EERA; test is whether party demonstrates circumstances which were out of the ordinary, remarkable, unpredictable or far exceeding the usual circumstances preventing a timely filing; p. 3.