MISCELLANEOUS ISSUES; REGULATIONS – Regulations Considered (By Number)
Single Topic for Decision 2452E
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1503.02000 – Regulations Considered (By Number)
PERB Regulation 32620, subdivision (d), entitles the charging party to a warning letter identifying any deficiencies before any allegations in the charge is dismissed. Because charging party’s allegation that he was denied payment for hours actually worked in retaliation for his protected activity, the dismissal was reversed and the charge remanded for issuance of a complaint. Pursuant to PERB Regulation 32635, subdivision (b), the Board may supplement the record of an appeal with new supporting evidence only for “good cause.” PERB has generally found “good cause” to do so, when the new allegations or supporting evidence presented in an appeal could not have been discovered by the charging party with the exercise of reasonable diligence before the charge was dismissed, such as when the events giving rise to the new evidence did not occur until after the charge was dismissed. The newly-available 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, although considered by the Board, did not affect any of the issues on appeal.