CASE PROCESSING PROCEDURES; CHARGE – Withdrawal of Charge
Single Topic for Decision 2708E
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1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.06000 – Withdrawal of Charge
1100.06000 – Withdrawal of Charge
The Board found that the ALJ’s notice of withdrawal did not comply with the express requirements of PERB Regulation 32625 because it failed to indicate whether the withdrawal was with or without prejudice. This was clear error insofar as the regulation gave the ALJ no authority to grant withdrawal of the charge without such a determination. At a minimum, the ALJ should have solicited charging party’s intent and the employer’s position before granting the withdrawal. Similarly, when the employer brought the error to her attention, the ALJ should have undertaken the required determination and corrected the notice to comply with the regulation. (p. 3.)