CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – De Novo Review; Standard of Review by Board

Single Topic for Decision 2452E

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Following Board review of a dismissal, it was unnecessary to remand to the Office of the General Counsel for further investigation, where the charge and supporting documents already contained sufficient information to state a prima facie case of employer interference with protected employee rights. Newly-submitted evidence that became available only after dismissal of the charge may be considered on appeal upon a showing a good cause. However, the evidence, which concerned charging party’s satisfactory performance of job duties for an employer other than the respondent was only marginally relevant at this stage of the proceedings and did not affect any of the issues on appeal.