CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Unalleged Violations

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1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.04000 – Unalleged Violations

The Board may consider previously unalleged protected activities under the same test that it uses for unalleged violations: (1) charging party has provided defendant with adequate notice and opportunity to defend; (2) the acts are intimately related to the subject matter of the complaint and are part of the same course of conduct; (3) the parties have fully litigated the unalleged violation(s); and (4) the parties have had the opportunity to examine and be cross-examined on the issue(s). (pp. 16-17)