CASE PROCESSING PROCEDURES; CHARGE – In General/Prima Facie Case

Single Topic for Decision 0876E

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Without factual allegations identifying evidence to support a particular interpretation, the Board agent is not required to accept the charging party's conclusory allegations regarding the interpretation of the contract. Rather, the Board agent is free to examine the contract and, by reference to its terms only, determine its meaning; pp. 8-9. Where contract language is clear and unambiguous on its face it is unnecessary to go beyond the language of the contract itself to ascertain its meaning. Thus, Board agent did not exceed his authority nor decide the ultimate issue when he rejected the Association's unsupported and conclusory allegations concerning the interpretation of the contract; p. 10. A hearing is warranted where the facts of the charge establish a legitimate dispute over the meaning of the contract; fn. 4. A hearing is warranted where the facts of the charge establish a legitimate dispute over the meaning of the contract; fn. 4.