CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – De Novo Review; Standard of Review by Board

Single Topic for Decision 1969E


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1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.06000 – De Novo Review; Standard of Review by Board

Board applies de novo standard when reviewing Board agent’s dismissal of an unfair practice charge. In using the phrase “free of prejudicial error” when adopting a Board agent’s warning and dismissal letters as the decision of the Board itself, PERB did not intend to establish an abuse of discretion standard of review.