CASE PROCESSING PROCEDURES; COMPLAINT – Amendments

Single Topic for Decision 2145M

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Pursuant to PERB Regulation 32648, the charging party may move to amend the complaint by oral motion on the record. In ruling on such a motion, the ALJ should consider prejudice to the respondent, among other factors. Motion to amend complaint on the fourth and last day of hearing to allege that an employee acted as the employer’s agent when he circulated a petition to ban union representatives from employee break rooms was properly denied because amendment would have been prejudicial to the respondent. Given the lateness of the request to amend, and the fact that the issue had not been raised in the charging party’s charge documents, respondent would not have had adequate notice or an opportunity to fully defend against the allegation.