CASE PROCESSING PROCEDURES; CHARGE – Dismissal of Charge; Appeal
Single Topic for Decision 2208E
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1100.05000 – Dismissal of Charge; Appeal
To satisfy the requirements of PERB Regulation 32635(a), the appeal must sufficiently place the Board “on notice of the issues raised on appeal.” Appeal that merely restates facts alleged in the original charge, but 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 grounds for each issue, is subject to dismissal. No good cause exists to consider documents presented for the first time on appeal that are either undated or bear dates that predate the dismissal of the charge, where appeal provides no reason why they could not have been alleged in the original charge or in an amended charge.