Allan Hancock Joint Community College District (PERB A340E)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
ALLAN HANCOCK COLLEGE PART-TIME
FACULTY ASSOCIATION,
Charging Party,
v.
ALLAN HANCOCK JOINT COMMUNITY
COLLEGE DISTRICT,
Respondent.
Case No. LA-CE-4748-E
Administrative Appeal
PERB Order No. Ad-340
S e p t e m b e r 	7, 	2004
Appearance: 	Liebert Cassidy Whitmore by Linda Jenson, Attorney, for Allan Hancock Joint
Community College District.
Before Duncan, Chairman; Whitehead and Neima, Members.
DECISION
NEIMA, Member: This case is before the Public Employment Relations Board (PERB
or Board) on appeal by the Allan Hancock Joint Community College District (District) from
the Appeals Assistant's administrative determination that its opposition to the appeal of the
Board agent's dismissal of the unfair practice charge was untimely filed.
Pursuant to PERB Regulation 32635(c)1, the District's opposition was due to be filed in
the PERB headquarters office no later than July 9, 2004.2 According to the proof of service,
the District served its opposition on July 2, 2004. However, the opposition was mailed to the
PERB Los Angeles regional office, instead of to the headquarters office. The opposition was
PERB regulations are codified at California Code of Regulations, title 8,
section 31001, et seq.
2This includes five (5) extra days pursuant to PERB Regulation 32130(c).

eventually forwarded to the headquarters office and filed on July 13, 2004. Thus, the
opposition was four (4) days late.
Citing to North Orange County Regional Occupational Program (1990) PERB Decision
No. 807 (North Orange County), the District requests that the Board find good cause to excuse
its late filing. North Orange County involved almost an identical situation where a filing was
timely except that it was sent to a regional office instead of to the headquarters office. As the
facts in North Orange County are almost identical to those here, the Board grants the District's
request. Accordingly, the Board finds good cause to excuse the District's late filing.
ORDER
The Allen Hancock Joint Community College District's request that the Board accept
its late-filed opposition in Case No. LA-CE-4748-E is hereby GRANTED.
Chairman Duncan and Member Whitehead joined in this Decision.
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