County of Riverside (PERB A376M)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
JOHN BREWINGTON,
Charging Party,
V.
COUNTY OF RIVERSIDE,
Respondent.
Case No. LA-CE-261-M
Administrative Appeal
PERB Order No. Ad-376-M
August 29, 2008
Appearances: 	Tomlinson, Nydam & Prince by Alan J. Leahy, Attorney, for John Brewington;
Jackson Lewis by Susan E. Groff, Attorney, for County of Riverside.
Before Neuwald, Chair; McKeag and Dowdin Calvillo, Members.
DECISION
NEUWALD, Chair: 	This case comes before the Public Employment Relations Board
(PERB or Board) on appeal by the County of Riverside (County) of the Appeals Assistant's
July 23, 2008, administrative dismissal of the filing deadlines for the County's request for oral
argument.
We reviewed the entire record in this matter. 	In light of our review, subject to the
discussion below, the Board denies the County's administrative appeal as untimely filed.
BACKGROUND
On April 25, 2008, the administrative law judge issued a proposed decision in the
above-referenced case. 	The County was granted an extension of time from May 15 to June 4
to file its exceptions. 	The County timely filed its exceptions on June 9 which includes the
extension for mailing. 	(PERB Reg. 32130(c). 1) 	The request for oral argument was not filed
1PERB regulations are codified at California Code of Regulations, title 8, section 31001
et seq.

with the statement of exceptions. The County requested oral argument on July 17, 2008. 	The
Appeals Assistant denied the County's request as untimely filed on July 23, 2008.
On appeal, the County acknowledges that its request is untimely but states that the
County's current attorneys were not counsel of record during the PERB hearings and only
recently were substituted in as counsel. 	The County further states that its request does not
prejudice anyone.
John Brewington (Brewington) filed a response opposing the request. Brewington
argues that PERB Regulation 32315 is clear and that a request for oral argument must be filed
with the statement of exceptions or response thereto. Brewington argues that the County's
current attorneys were counsel of record to the filing of the statement of exceptions. Further,
the County's current attorneys were given a lengthy extension to prepare and file the statement
of exceptions. 	The County had every opportunity to make a timely request for oral argument
at the time of its submission.
DISCUSSION
PERB Regulation 32315 states:
A party desiring to argue orally before the Board itself regarding
the exceptions to the proposed decision shall file with the
statement of exceptions or the response to the statement of
exceptions a written request stating the reasons for the request.
Upon such request or its own motion the Board itself may direct
oral argument. 	[Emphasis added.]
The County, as it acknowledged, failed to comply with this regulation. We are not persuaded
by the County's position that this was a result of substitution of counsel because the counsel
that are now requesting oral argument is the same counsel that was granted an extension to
prepare and file exceptions to the proposed decision. As such, the Board denies the County's
request for oral argument as untimely filed.
2

ORDER
The County of Riverside's administrative appeal of the Appeal Assistant's July 23,
2008, administrative determination is hereby DENIED.
Members McKeag and Dowdin Calvillo joined in this Decision.
3