GENERAL LEGAL PRINCIPLES; WAIVER – Failure to Timely Raise Affirmative Defense
Single Topic for Decision 0789E
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1402.07000 – Failure to Timely Raise Affirmative Defense
ALJ properly refused to consider contract waiver defense not raised until end of hearing where respondent had earlier stated the contract was not at issue and where charging party was prejudiced by unavailability of key witness; pp. 13-14, pp. 19-23, proposed dec. Denial in answer that unilateral action took place without notice and opportunity to bargain did not put charging party on notice of contract waiver defense; p. 13. Requirement of Reg. 32644 that statement of affirmative defenses be included in answer serves to assure a fair litigation process, particularly since PERB procedures do not provide for a formal discovery process; p. 14.