CASE PROCESSING PROCEDURES; COMPLAINT – Amendments

Single Topic for Decision 0410E

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1) ALJ properly treated charging party's "memo" entitled "Amendment to Unfair Practice Charge" as the timely filing of a motion to amend. Respondent was put on notice by the memo, was given the opportunity to fully litigate the matter and cannot claim it was prejudiced by the procedural irregularity. 2) ALJ properly permitted amendment alleging that acts previously alleged as unilateral change also constitute retaliation. The amendment, although past the six-month period, simply adds a new theory to events that were timely alleged as a violation. It is the same conduct at issue and there is no evidence of prejudice to the respondent.