CASE PROCESSING PROCEDURES; CHARGE – Dismissal of Charge; Appeal

Single Topic for Decision 2133E

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Pursuant to PERB Regulation 32635(b) a charging party may not present on appeal new charge allegations or new supporting evidence absent a showing of good cause. The Board has found that good cause does not exist to consider new allegations on appeal when the evidence underlying the allegations was available to the charging party prior to the dismissal of the charge and the appeal fails to explain why the allegations could not have been made to the Board agent during the investigation.