CASE PROCESSING PROCEDURES; CHARGE – Pleading Requirements
Single Topic for Decision 1929E
Full Decision Text (click on the link to view): Full Text
1100.08000 – Pleading Requirements
The charging party's burden includes alleging the ‘who, what, when, where and how’ of an unfair practice. (State of California (Department of Food and Agriculture) (1994) PERB Decision No. 1071-S, citing United Teachers-Los Angeles (Ragsdale) (1992) PERB Decision No. 944.) The charging party has the burden of alleging facts showing that the unfair practice charge was timely filed. (Tehachapi Unified School District (1993) PERB Decision No. 1024; City of Santa Barbara (2004) PERB Decision No. 1628-M.) The CBA provision on the time limit for the filing of grievances cannot be applied implicitly to satisfy the charging party’s burden of alleging, in a “clear and concise statement of facts,” when the acts of reprisal took place.