MISCELLANEOUS ISSUES; REGULATIONS – Regulations Considered (By Number)

Single Topic for Decision 2133E

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PERB Regulation 32635(b) prohibits a charging party from presenting new charge allegations or new supporting evidence on appeal 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. PERB Regulation 32615(a)(5) requires, among other things, that an unfair practice charge include a clear and concise statement of the facts and conduct alleged to constitute an unfair practice. This burden requires a charging party to allege the who, what, when, where and how of an unfair practice.