CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ – Motions

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A Board agent may reach a final decision on the merits without holding an evidentiary hearing if the pleadings (together with any stipulations and any facts that may be administratively noticed) establish that there are sufficient undisputed facts to make a hearing unnecessary. (PERB Reg. 32207; see, e.g., Cal Fire Local 2881 (Tobin) (2018) PERB Decision No. 2580-S, p. 2.) PERB reversed the ALJ’s grant of partial summary judgment where there were facts in dispute that were material to the outcome. PERB noted that because discrimination and retaliation cases are inherently fact-specific, it is the rare case that can be decided on a dispositive motion.