CASE PROCESSING PROCEDURES; ISSUES ON APPEAL – In General

Single Topic for Decision 1529E

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PERB Regulation 32635(b) precludes a charging party from presenting new evidence on appeal unless there is good cause. Good cause may be present in a situation where charging party fails to rebut an issue in its amended charge because: (1) Charging Party unsuccessfully requested evidence cited in the warning letter before filing an amended charge; (2) the amended charge offered an alternative view of the events sufficient to show a nexus; and, (3) Charging Party reasonably believed it did not have to contradict the respondent’s defense because the warning letter did not address the administrative leave issue and it comprised an affirmative defense to a prima facie case.