CASE PROCESSING PROCEDURES; CHARGE – Dismissal of Charge; Appeal
Single Topic for Decision 1980E
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1100.05000 – Dismissal of Charge; Appeal
Under PERB Regulation 32635(b), the Board may not consider new allegations or supporting evidence raised for the first time on appeal unless the charging party establishes good cause. No good cause to consider new allegations raised on appeal when the information underlying the allegations could have been obtained through reasonable diligence prior to the Board agent’s dismissal of the charge. Allegations based on events that occurred after the Board agent’s dismissal of the charge may only be raised in a new unfair practice charge.