CASE PROCESSING PROCEDURES; COMPLAINT – Amendments

Single Topic for Decision 2022M

View all topics for Decision 2022M

Full Decision Text (click on the link to view): Full Text

Pursuant to PERB Regulation 32648, the charging party may move to amend the complaint by oral motion on the record. In ruling on such a motion, the ALJ should consider prejudice to the respondent, among other factors. Motion to amend complaint at hearing to include new charge of discrimination based on different alleged facts would have been prejudicial to respondent. Given the lateness of the request to amend, respondent would not have had adequate notice or an opportunity to fully defend against the additional discrimination charge.