CASE PROCESSING PROCEDURES; CHARGE – In General/Prima Facie Case
Single Topic for Decision 1377E
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1100.01000 – In General/Prima Facie Case
Where amended charge does not address an allegation found insufficient in the warning letter, the allegation is dismissed. In Temple City Unified School District (1990) PERB Decision No. 843, the Board stated that a Regional Attorney may not resolve disputes of material facts between a Charging Party and a Respondent. However, the factual dispute presented here is not the type of factual dispute discussed in Temple City. Here Charging Party provided documents that demonstrate his allegations were false. This type of dispute may be resolved by a Board Agent in the investigation of a charge.