CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Unalleged Violations
Single Topic for Decision 1942C
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1107.04000 – Unalleged Violations
In determining whether to review unalleged violations, PERB bears in mind the significant importance of giving all parties litigating disputes under California’s public labor relations statutes adequate notice and a fair opportunity to litigate their claims. PERB must be very circumspect when determining that all of the criteria for reviewing an unalleged violation have been met. Toward this end, it is strongly recommended that the evidence justifying the above criteria always be expressly enunciated, so that all parties are aware of the basis for the finding that an unalleged violation can be heard without any unfairness. The Board may review unalleged violations when all of the following requirements are met: (1) adequate notice and opportunity to defend has been provided to the respondent; (2) the acts are intimately related to the subject matter of the complaint and are part of the same course of conduct; (3) the unalleged violation has been fully litigated; (4) the parties have had the opportunity to examine and be cross-examined on this issue; and (5) the unalleged violation must be within the applicable statute of limitations. In this case the requirements were met.