CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Informational Briefs

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* * * OVERRULED IN PART ON OTHER GROUNDS by County of Sacramento (2013) PERB Decision No. 2315-M. * * *

The Board has discretion to allow the filing of a reply brief when a response to exceptions raises new issues, discusses new case law or formulates new defenses to allegations. Even though dismissal did not address contracting out allegation, issue had been contested by the parties during Board agent’s investigation and therefore was not a “new issue” when raised in response to appeal of dismissal. Board denied charging party’s request for leave to file reply brief to address contracting out issue.