CASE PROCESSING PROCEDURES; CHARGE – Dismissal of Charge; Appeal
Single Topic for Decision 2187E
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1100.05000 – Dismissal of Charge; Appeal
PERB has historically treated the filing of an amended charge after an unfair practice charge has been dismissed as an appeal from the dismissal of the charge. Where amended charge filed after dismissal of charge merely restates facts alleged in the original charge and fails to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which appeal is taken, or the grounds for each issue, it fails to comply with requirements for filing an appeal from dismissal under PERB Regulation 32635(a). Where appeal provides no reason why new allegations and evidence could not have been provided with the original charge or in a timely filed amended charge, Board finds no good cause to consider them on appeal.