Service Employees International Union Local 99 (PERB A352E)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
RICKEY A. JONES.
Charging Party,
v.
SEIU LOCAL 99,
Respondent.
Case No. LA-CO-1192-E
Administrative Appeal
PERB Order No. 	Ad-352
March 	1 0 , 	2006
Appearance: Rickey A. Jones, on his own behalf.
Before Duncan, Chairman; Shek and Neuwald Members.
DECISION
DUNCAN, Chairman: This case is before the Public Employment Relations Board
(PERB or Board) on a motion by Rickey A. Jones (Jones) for the Board to accept late-filed
exceptions to an administrative law judge's (ALJ) proposed decision. The unfair practice
charge alleges that SEIU Local 99 (SEIU) violated its duty of fair representation in violation of
Section 3543,6(b) of the Educational Employment Relations Act (EERA).1
The Board has reviewed the entire record in this ease, including, but not limited to, the
ALJ's proposed decision and Jones' motion for acceptance of late-filed exceptions.
The Board may accept late-filed exceptions for good cause.3 Here, the exceptions
would be late-filed because of an error by PERB in not timely serving Jones with the ALJ's
proposed decision.
1EERA is codified at Government Code section 3540, et seq.
2PERB Regulation 32136. (PERB regs, are codified at Cal. Code Regs., tit. 8, sec.
31001, et seq.)

The Board finds there is good cause to accept the late-filed exceptions because the
necessity for a late filing was precipitated by an error at PERB in not timely serving Jones, a
party lo the case, with the ALJ's proposed decision. Jones was not served until he contacted
PERB and inquired as to why the proposed decision had not yet been served on him. 	When
PERB did serve Jones, the motion requesting late filing of exceptions was filed on
November 17, 2005, which was the day after Jones received a copy of the proposed decision.
There was no response from SEIU to the motion of acceptance of late filed exceptions.
Under PERB Regulation 32300, Jones will have twenty (20) days from service of this
decision to file an original and five (5) copies of the statement of exceptions and supporting
brief with the Board itself
Pursuant to PERB Regulation 32310, any parly may file with the Board itself an
original and five (5) copies of a response to the statement of exceptions within twenty (20)
days of service of the statement of exceptions.
ORDER
The motion by Rickey A. Jones that the Public Employment Relations Board accept
late-filed exceptions in Case No. LA-CO-1192 is hereby GRANTED.
Members Shek and Neuwald joined in this Decision.
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