CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Unalleged Violations

Single Topic for Decision 2097M

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* * * OVERRULED IN PART ON OTHER GROUNDS by County of Santa Clara (2013) PERB Decision No. 2321-M. * * *

The Board rejected the County’s argument that the ALJ’s restatement of the issue at hearing amounted to an improper consideration of an unalleged violation. The Board held that the issue as stated by the ALJ reflected the actual issue litigated by the parties more accurately than the issue stated in the complaint. The record showed that throughout the hearing process both parties understood the issue in the matter to be the issue as stated by the ALJ. The ALJ’s statement of the issue involved the same alleged act of misconduct as that stated in the complaint, the parties had adequate notice that the issue as stated by the ALJ was the issue under consideration, and both parties fully litigated the issue as stated by the ALJ.