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

Single Topic for Decision 2517C

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1105.02000 – Background Evidence and Matters Not Alleged

* * * VACATED IN PART ON OTHER GROUNDS by Fresno County Superior Court (2019) PERB Decision No. 2517a-C. * * *

Because the charging party referenced the substance of the unalleged violation in its statement, and argued the issue in its brief before the ALJ, the Board determined that the respondent had adequate notice of the issue for purposes of the unalleged violations doctrine. (pp. 14-15.) The notice requirement for PERB’s unalleged violations doctrine may be satisfied by a number of circumstances, including when the charging party identifies the issue in its opening statement and argues the issue in its post-hearing briefing. So long as a respondent is informed of the substance of the charge and afforded the basic, appropriate elements of procedural due process, it cannot complain of a variance between administrative pleadings and proof. (p. 14.)