PARTIES; DEFINITIONS; WHO IS AN EMPLOYER? – Agents (See also 1400)
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201.02000 – Agents (See also 1400)
In order to state a prima facie case (in an unfair practice charge) of an agency relationship between a non-supervisory or non-managerial employee and the employer, some factual demonstration of a relationship beyond employment alone is necessary. Some facts must be alleged which show the employee was acting with some direction, instigation, approval or ratification of the action by the employer. A conclusionary statement that he "was following the directions of the District in attacking the Charging Party" is insufficient under PERB Regulation 32615(a) (5).