CASE PROCESSING PROCEDURES; CHARGE – Response to Charge

Single Topic for Decision 2452E

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Although PERB’s test for employer interference requires a balancing of protected rights against the employer’s asserted justification of operational necessity, because, as noted above, during the initial investigation of a charge. PERB accepts the charging party's factual allegations as true, it is generally not appropriate to dismiss without a hearing interference allegations on the basis of an affirmative defense, such as an employer's right to free speech, unless the defense can be established as a matter of law. p. 25. Resolving factual disputes raised by the employer's affirmative defense should be considered in a formal hearing and not during the initial investigation into a charge or upon Board review of a dismissal/refusal to issue a complaint. p. 29.