CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ – Motions

Single Topic for Decision 2715M

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There is no absolute bar to curing or otherwise amending a pleading while a dispositive motion is pending. The Board found that the ALJ erred by denying employer’s motion to amend answer despite pendency of charging party’s summary judgment motion. If charging party was prejudiced by employer’s proposed amendments, the ALJ could have granted a continuance to allow him to amend his summary judgment motion and/or prepare for the hearing. However, PERB’s liberal pleading and amendment rules do not permit gamesmanship.