CASE PROCESSING PROCEDURES; CHARGE – Dismissal of Charge; Appeal

Single Topic for Decision 2744E

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On appeal from dismissal of an amended charge, the Board assumes that a charging party’s factual allegations are true, and views them in the light most favorable to the charging party. (Cabrillo Community College District (2015) PERB Decision No. 2453, p. 8 (Cabrillo I); Cabrillo Community College District (2019) PERB Decision No. 2622, p. 4 (Cabrillo II).) The Board does not rely on a respondent’s responses if they explicitly or implicitly create a factual conflict with a charging party’s factual allegations, even if the respondent’s contrary responses are stated more persuasively or appear as though they may be backed up by more supporting evidence, when compared to the charging party’s allegations. (Cabrillo I, supra, PERB Decision No. 2453, p. 8; Salinas Valley Memorial Healthcare System (2012) PERB Decision No. 2298-M, p. 13.)