CASE PROCESSING PROCEDURES; EVIDENCE – Background Evidence and Matters Not Alleged
Single Topic for Decision 0264E
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1105.02000 – Background Evidence and Matters Not Alleged
Not improper for ALJ to hear evidence pertaining to employer's alleged obstructionist conduct in processing of employee's grievance despite the fact that portion of charge alleging arbitrary obstruction of grievance process had been dismissed. ALJ properly considered such evidence in determining whether employer's conduct evidenced a retaliatory motive; p. 11.