CASE PROCESSING PROCEDURES; EVIDENCE – Newly Discovered Evidence
Single Topic for Decision 1808M
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1105.19000 – Newly Discovered Evidence
Arbitration award is new evidence presented for the first time on appeal. Pursuant to PERB Regulations 32635(b), unless “good cause” is shown, a charging party may not present new supporting evidence on appeal. Since the arbitration award was not available when charge was initially filed, it may be considered on appeal. Favorable arbitration award does not imply the Association acted in an arbitrary, discriminatory, or bad faith manner when denying representation to employee.