Decision A330E – Wheatland Elementary School District


Decision Date: December 31, 2003

Decision Type: Administrative Appeal

Description: The Organization appealed the Board agent’s dismissal of its severance petition.  CSEA requested that the Board extend the timelines for its late-filed response.

Disposition: CSEA provided evidence that Organization did not send its appeal to the correct CSEA address after CSEA provided the Organization with a business card and made phone contact.  As a result, it received the appeal late and filed its response only 5 calendar days after the postmark date on the appeal.  The Board thus found good-cause to accept CSEA’s late filed appeal.

The Board adopted the Board agent’s dismissal of the severance petition to separate bus drivers from the classified unit.  The unit was not an appropriate unit under Sweetwater and its progeny.  The drivers’ dissatisfaction with CSEA was insufficient to show the key factors warranting a separate unit, such as community of interest, extent of organization, and efficiency of operations.  The proposed unit did not include the mechanic position which shares a community of interest with the 5 bus driver positions in dispute since the mechanic maintains a bus drivers’.

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Perc Vol: 28
Perc Index: 43

Decision Headnotes

1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Board finds that good cause is shown to accept a late filed response when the responding party can show that the original mailing had been sent to the wrong address then returned to the sender by postal service and upon receipt of the second notice a prompt response was filed. Board finds that an absence of any indication of prejudice arising from the late filing of a response is necessary in order to excuse a late filed response.

1308.01000 – In General

Bus driver unit that did not include mechanic and maintenance work not appropriate for severance from wall to wall unit even given employee dissatisfaction with incumbent.