CASE PROCESSING PROCEDURES; COMPLAINT – Answer or Other Defense/Waiver
Single Topic for Decision 2453E
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1103.05000 – Answer or Other Defense/Waiver
Because the function of a Board agent investigating a charge is not to weigh evidence, determine credibility or make findings of fact, it is generally not appropriate at this stage of the proceedings to determine the employer’s true motive for taking adverse action. An employer’s affirmative defense should be considered at the charge-processing stage of unfair practice proceedings only if raised in a verified and properly served position statement, and only if the asserted defense rests on factual allegations that do not contradict those included in the charge, and which the charging party does not dispute.