CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Other
Single Topic for Decision 2453E
Full Decision Text (click on the link to view): Full Text
1107.20000 – Other
Under PERB Regulation 32635(b) a charging party may not present new charge allegations or new supporting evidence on appeal from a dismissal unless good cause is shown. The Board has generally found good cause to do so when the new allegations or supporting evidence could not have been discovered by the charging party through the exercise of reasonable diligence before the charge was dismissed. Both of the “dates” that charging party purports to have received these documents are ambiguous and charging party’s request does not explicitly state that these documents were received after the dismissal of his amended charge on May 19, 2015. Therefore, charging party has not met his burden of showing good cause to present either of these two documents as new evidence on appeal. Although charging party has established good cause to consider the July 26, 2015, the information lacks relevance to the issues before us, viz., motivation of the District for its adverse actions against charging party on and after November 6, 2012.