CASE PROCESSING PROCEDURES; COMPLAINT – In General

Single Topic for Decision 2453E


View all topics for Decision 2453E

Full Decision Text (click on the link to view): Full Text

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.01000 – In General

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.