CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Remand for Further Hearing; Remand to General Counsel

Single Topic for Decision 2715M

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The Board found the proposed decision erred by (1) granting partial summary judgment to charging party despite the presence of material disputed facts; and (2) failing to apply the proper lenient amendment standard to the employer’s motion to amend its answer, and instead finding the equivalent of a waiver or technical default. The Board reversed the partial grant of summary judgment and remanded to the Division of Administrative Law to allow the District to amend its answer and then to resolve the merits of the parties’ claims and defenses based upon a full evidentiary record.