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 Court’s ban on distributing literature “at any time for any purpose in working areas” was part of the same personnel rules identified in the complaint as unlawful, the matter was timely for purposes of PERB’s unalleged violations doctrine. Where unalleged matters involve the same conduct as that alleged in the complaint, the inclusion of one theory of liability in the complaint reflects a determination by the Office of the General Counsel that other theories arising from the same factual allegations are also timely. (p. 21.)