CASE PROCESSING PROCEDURES; CHARGE – Pleading Requirements

Single Topic for Decision 2445E

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In judging the factual sufficiency of charge allegations, PERB looks to see whether the allegations describe the “who, what, when, where and how” of an unfair practice; mere legal conclusions are insufficient to state a prima facie case; statement in a declaration, “[i]n response to my exercise of protected activities I was told by an [sic] Faculty Association Election Committee member that I needed to stop because I was going to ‘[f word] it up,’” lacked sufficient factual detail and context and therefore was insufficient to establish the required nexus element in a retaliation case.