CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – De Novo Review; Standard of Review by Board

Single Topic for Decision 2622E

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On appeal of dismissal of an unfair practice charge, the Board’s inquiry is limited to the legal sufficiency of the charging party’s allegations, i.e. whether the factual allegations, if accepted as true, would state a prima facie violation. It does not determine whether a preponderance of the evidence will ultimately establish the factual allegations as true. (p. 4.)