CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Unalleged Violations

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PERB uses a “per se” or “totality of conduct” test to determine whether a respondent violated its obligation to meet and confer in good faith. Although the same conduct may give rise to violations under both per se and surface bargaining theories, they are necessarily different theories and must be alleged as separate unfair practices in the complaint. (pp. 11-12.) The omission of one theory does not foreclose its later consideration if the charging party: (1) moves to amend the complaint to add the independent allegation, or (2) satisfies the unalleged violation doctrine. (p. 13.)