CASE PROCESSING PROCEDURES; CHARGE – Pleading Requirements

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At the pleading stage, PERB will not penalize a charging party for failing to assert a theory that may fit the allegations, and instead the Office of General Counsel must issue a complaint based on any and all legal theories for which the alleged facts state a prima facie case. (Hartnell Community College District (2015) PERB Decision No. 2452, p. 51, fn. 20.) Accordingly, the Board assessed potential theories that charging parties did not assert but determined the facts did not state any cognizable claims.