CASE PROCESSING PROCEDURES; EVIDENCE – Background Evidence and Matters Not Alleged
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1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.02000 – Background Evidence and Matters Not Alleged
1105.02000 – Background Evidence and Matters Not Alleged
The language of PERB Regulation 32648 governing amendments at hearing and the policy favoring liberal amendment of pleadings make it the respondent’s burden to show that a proposed amendment would result in undue prejudice. Absent a showing of undue prejudice, a timely amendment closely related to the allegations in a pending complaint should be allowed in order to serve the principles of economy and finality. By contrast, the more elaborate test for considering unalleged violations presumes prejudice, unless the charging party can show otherwise by meeting each of the criteria of PERB’s unalleged violations test. (p. 22, fn. 15.)