CASE PROCESSING PROCEDURES; COMPLAINT – Variance of Complaint from Charge; Evidence, Findings, or Order Varying from Complaint; Events Subsequent to Charge or Complaint

Single Topic for Decision 2491M

View all topics for Decision 2491M

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

Pursuant to PERB’s statutory and regulatory authority, a Board agent may “disregard any error or defect in the complaint that does not substantially affect the rights of the parties.” Where the issues actually litigated at hearing and argued in parties’ briefs involved a job classification not identified in the complaint, the Board affirmed the ALJ’s sua sponte amendment to the complaint to conform to the evidence and issues presented at hearing. Distinguishing City of Inglewood (2015) PERB Decision No. 2424-M.