CASE PROCESSING PROCEDURES; CHARGE – Dismissal of Charge; Appeal

Single Topic for Decision 2298M

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This case is an appeal from a dismissal and refusal to issue a complaint. Our inquiry at this stage is focused solely on the sufficiency of union’s allegations. We test union’s allegations against the legal standards for a violation of the MMBA, not against contrary allegations of the Hospital even where those contrary allegations may be more persuasively stated. We do not resolve conflicting allegations. Instead, we refer them to a hearing and ultimate resolution following findings by an administrative law judge. If the investigation results in conflicting allegations of fact or contrary theories of law, fair proceedings, if not due process, demand that a complaint be issued and the matter be sent to formal hearing. At the pleading stage, it is not up to the Board agent to judge the merits of the charging party’s dispute, but to leave the weighing of the evidence to the administrative law judge at a full evidentiary hearing.