CASE PROCESSING PROCEDURES; CHARGE – Dismissal of Charge; Appeal
Single Topic for Decision 2256E
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1100.05000 – Dismissal of Charge; Appeal
Under PERB Regulation 32635, subdivision (a), the appeal must sufficiently place the Board and the respondent on notice of the issues raised on appeal; an appeal that merely reiterates facts alleged in the unfair practice charge, or does not reference the substance of the Board agent’s dismissal, fails to comply with PERB Regulation 32635, subdivision (a); where appeal failed 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 was taken, the page or part of the dismissal to which the appeal was taken, or the ground for each issue stated, the appeal was subject to dismissal; unless good cause is shown, a charging party may not present on appeal new charge allegations or new supporting evidence under PERB Regulation 32635, subdivision (b); no good cause to consider on appeal new allegations or new supporting evidence where dates of events alleged for the first time on appeal predate the dismissal of the charge and appeal provides no reason why these allegations could not have been included in the original or amended charges and why the new supporting evidence could not have been provided to the Board agent during the processing of the charge.