CASE PROCESSING PROCEDURES; CHARGE – Investigation of Charge
Single Topic for Decision 1570M
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1100.02000 – Investigation of Charge
It is well-settled that a Board agent must accept the plain language of the contract or rule where it is clear and unambiguous. However, where the contract language or rule is unclear or ambiguous, the Board has held that the parties should be given an opportunity to offer evidence to support their differing interpretations at an evidentiary hearing. In light of union’s factual allegations, Board cannot find the local rule at issue to be clear and unambiguous. To the contrary, the local rule appears to be reasonably susceptible to the interpretation offered by the union. Accordingly, union has established a prima facie case and a complaint should issue. Charging party’s factual allegations must be accepted as true during the investigation.