MISCELLANEOUS ISSUES; REGULATIONS – Regulations Considered (By Number) (Continued)
Single Topic for Decision 1461E
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1503.03000 – Regulations Considered (By Number) (Continued)
PERB Regulation 32615(a)(5) requires that an unfair practice charge include a "clear and concise statement of the facts and conduct alleged to constitute an unfair practice." The charging party's burden includes alleging the "who, what, when, where and how" of an unfair practice. Mere legal conclusions are not sufficient to state a prima facie case. From the information provided it was not possible to determine what section(s) of EERA was violated; p. 8, warning letter. PERB Regulation 32620(b)(5) requires the investigating Board agent to dismiss a charge where the allegations are properly deferred to binding arbitration; p. 9, warning letter.