CASE PROCESSING PROCEDURES; CHARGE – Dismissal of Charge; Appeal

Single Topic for Decision 2095H

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Under PERB Regulation 32635(b), the Board may not consider new allegations or new supporting evidence raised for the first time on appeal unless the charging party establishes good cause. No good cause to consider allegation raised for the first time on appeal that employee organization breached its fiduciary duty by not seeking out-of-class pay for charging party when charging party knew of employee organization’s inaction prior to filing amended charge.