CASE PROCESSING PROCEDURES; CHARGE – In General/Prima Facie Case
Single Topic for Decision 2155M
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1100.01000 – In General/Prima Facie Case
* * * OVERRULED IN PART by Santa Clara Valley Water District (2013) PERB Decision No. 2349-M, where the Board held that an employee’s status as a union official is enough by itself to constitute protected activity. * * *
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 includes alleging the who, what, when, where and how of an unfair practice. Thus, a charging party’s bare assertion that he was a union president without specific references to lawful actions he took in office is insufficient to establish he engaged in protected activity.