CASE PROCESSING PROCEDURES; COMPLAINT – Variance of Complaint from Charge; Evidence, Findings, or Order Varying from Complaint; Events Subsequent to Charge or Complaint
Single Topic for Decision 2418M
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1103.03000 – Variance of Complaint from Charge; Evidence, Findings, or Order Varying from Complaint; Events Subsequent to Charge or Complaint
Issuance of a complaint by the Office of the General Counsel signifies that the dispute is not only one that the charging party wishes to pursue, but also one that the agency has determined should be pursued. Identical or overlapping facts supporting more than one theory of liability, each of which is set forth in the complaint, consideration of one theory will generally not replace or subsume consideration of the others. ALJ properly dismissed allegation of surface bargaining under totality of circumstances but failed to consider employer conduct, including imposition of terms that waived or limited statutory rights, as independent per se violations of the duty to bargain.