CASE PROCESSING PROCEDURES; CHARGE – Investigation of Charge

Single Topic for Decision 2205E

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While the Board agent’s duties include assisting the charging party in stating the proper form of the charge, making inquiries and reviewing the charge and any accompanying materials, the ultimate responsibility remains with the charging party to provide a clear and concise statement of the facts constituting a prima facie case. The Board agent fulfilled his duties to assist the charging party in stating the proper form of the charge when he allowed the charging party to amend the charge three times, spoke with charging party by phone at least once and issued two warning letters to the charging party. A fixed anticipatory prejudgment against a party must be shown to establish prejudice sufficient for Board agent disqualification. Such prejudgment is established through statements or conduct by the Board agent indicating a clear predisposition against a party. Adverse rulings by a Board agent against a party in a previous case, or erroneous legal or factual rulings, do not alone indicate prejudice. There can be no bias attributed to a Board agent based on an earlier dismissal of a different charge by a different Board agent. An adverse ruling on a legal issue is not of itself sufficient to indicate bias.