CASE PROCESSING PROCEDURES; CHARGE – In General/Prima Facie Case

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1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

When the respondent can establish an affirmative defense as a matter of law based on undisputed facts, the charge must be dismissed even when the charging party has otherwise established a prima facie case. In processing an unfair practice charge, the role of a Board agent is to investigate the charge to determine if an unfair practice has been alleged. However, the Board’s regulations do not empower agents to rule on the ultimate merits of a charge. Where the investigation results in receipt of conflicting allegations of fact or contrary theories of law, fair proceedings, if not due process, demand that a complaint be issued and the matter be sent to formal hearing. The Board has construed this precept to mean that a complaint should issue to test viable competing theories of law.