CASE PROCESSING PROCEDURES; CHARGE – In General/Prima Facie Case
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1100.01000 – In General/Prima Facie Case
The name of a person alleged to be an agent of an employee organization or an employer is not an indispensable element of a prima facie case of interference with employee rights. While allegations that a union destroyed and removed unit members’ personal property are insufficient by themselves to establish prima facie conduct which, if true, interfered with employee’s right to freely choose a representative or constituted a serious irregularity in the conduct of the election, each allegation must be viewed not separately, but as part of the overall assessment of the union’s conduct in a totality of conduct test. The United Teachers-Los Angeles (Ragsdale) (1992) PERB Decision No. 944) formulation that a “Charging Party must allege with specificity who, what, when, where and how” of the respondent’s alleged violation may be useful in explaining to a charging party how to plead a violation, but is it is not a hurdle over which every charging party must leap at the risk of dismissal.