CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions

Single Topic for Decision 2481H

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Although PERB follows the policy of California courts favoring resolution of disputes on their merits and against depriving a party of the right to appeal because of technical noncompliance in matters of form, failure to comply with even the most basic requirements of PERB’s regulation governing exceptions may result in dismissal without Board review of the merits of the excepting party’s claims. Board declined to address charging party’s exceptions or overturn the ALJ’s credibility determinations where charging party failed to cite to the applicable portion of the record, attempted to introduce evidence outside the record, or merely repeated arguments already adequately addressed by the proposed decision.