CASE PROCESSING PROCEDURES; EVIDENCE – Background Evidence and Matters Not Alleged

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Although charging party’s allegations of making predictably unacceptable proposals and prematurely declaring impasse were not alleged in the complaint, these two allegations were nonetheless appropriate for consideration by analogy to the unalleged violations doctrine. Although the complaint is the operative document for framing the issues for hearing, the Board has reasoned, by analogy to the unalleged violations doctrine, that conduct which constitutes an essential element of an unfair practice, but which was not alleged in the complaint, may still be considered, if it is related to the claims in the complaint, and if the parties have had full opportunity to litigate the issues. (pp. 19-20.)