CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Unalleged Violations

Single Topic for Decision 2031M

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* * * OVERRULED IN PART by City of Roseville (2016) PERB Decision No. 2505-M, where the Board held that PERB applies a four-pronged unalleged violation doctrine test, without speculating as to whether the charging party could or should have moved to amend the complaint. * * *

Board declined to consider unalleged violation of discrimination and interference with unit employees’ right to communicate with the union by denying them email access while providing it for non-unit employees, where union had ample opportunity to amend the complaint prior to hearing, but did not. In the absence of clearly articulated rationale in support of the requirements for consideration of the unalleged violation, the issue will not be considered.