CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Unalleged Violations
Single Topic for Decision 0659E
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1107.04000 – Unalleged Violations
For the ALJ or the Board to consider an unalleged violation, one critical element is that the matter be fully litigated. An unalleged violation is not fully litigated, even though substantial evidence on the issue was presented by opposing parties, where the charging party stated during hearing that it would not pursue an independent violation on the unalleged conduct.