CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Remand for Further Hearing; Remand to General Counsel

Single Topic for Decision 2341M

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Where charging party states a viable, i.e. non-frivolous, legal theory concerning an unsettled matter of law outside PERB’s jurisdiction, the proper course for the Board on review of a dismissal of the charge is to reverse and remand for issuance of a complaint, so that the novel issues may be decided upon a full evidentiary record and with the benefit of briefing by the parties. Here, charging party alleged sufficient facts to state a prima facie case and articulated a viable theory that the City had insisted to impasse and imposed a proposal that illegally impaired vested employee rights to accrued sick leave compensation.