MISCELLANEOUS ISSUES; REGULATIONS – In General

Single Topic for Decision 1762S

View all topics for Decision 1762S

Full Decision Text (click on the link to view): Full Text

As required by PERB Regulation 32635, the appeal did not provide facts supporting its allegations that the Board agent did not properly investigate the charge, used ex parte communications with the State in rendering his decision and failed to determine whether the charge should be deferred to arbitration. The Board agent fulfilled the requirements of PERB Regulation 32620 in processing the charge. The Board rejected Wilson-Combs’ argument that it must presume the State’s unlawful motive for purposes of finding a prima facie case of retaliation. The charge did not specify the dates of her alleged union activity or facts showing the State’s knowledge of her activity. Contrary to PERB Regulation 32615(a)(5), the charge did not contain a “clear and concise statement of the fact and conduct alleged to constitute an unfair practice.”