CASE PROCESSING PROCEDURES; ISSUES ON APPEAL – In General
Single Topic for Decision 2485E
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1109.01000 – In General
Although charging party’s appeal did little more than reiterate the factual allegations of the charge and advanced no argument or authority that was not already considered and addressed by the Office of the General Counsel’s investigation of the charge, in arguing that the Office of the General Counsel reached the wrong conclusion based on the factual allegations, i.e., incorrectly applied the law to the factual allegations included in the charge, the appeal substantially complied with the requirement that the appeal place the Board and the respondent on notice of the issues, by identifying the substance of the dismissal and the specific issue(s) of fact, law, or application of law to fact, from which appeal is taken. A contrary rule would preclude the Board from reviewing a dismissal, even when the decision was manifestly incorrect.