CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Other

Single Topic for Decision 1515E

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Continual filing of similar charges on the same subject matter may result in the imposition of sanctions. Under EERA §§3541.3(i) and 3541.3(n), and Government Code §11455.30, PERB has jurisdiction to order a party to pay the other party’s reasonable expenses, including attorney’s fees, for the offending party’s bad faith actions or frivolous tactics. The Board may order sanctions only after it has ordered the offending party to cease and desist from filing frivolous charges over the same factual and legal issues previously addressed by the Board. Under PERB Regulation 32320, the Board on its own motion may order an offending party to cease and desist from filing cases over the same factual and legal issues previously addressed by the Board.