CASE PROCESSING PROCEDURES; CHARGE – Pleading Requirements

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At the charge processing stage, the burden to provide specific allegations of fact, which demonstrate a prima facie case that an unfair practice has been committed, is on the charging party. Additional facts provided by the respondent, and summarized in the warning letter, which expand the factual picture in the case and which were not contradicted by the charging party may be considered by PERB in determining whether the charge should be dismissed. The charging party does not, however, also have the burden of producing evidence of a prima facie case at this stage based on PERB Regulation 32620(b)(5). The single question at the charging stage is whether the charge alleged facts which, if true, constitute evidence of a violation. The regulations were designed to permit a determination that the facts as alleged in the charge state a legal cause of action and that the charging party is capable of providing admissible evidence in support of the allegations.