CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ – Motions

Single Topic for Decision 2747M

View all topics for Decision 2747M

Full Decision Text (click on the link to view): Full Text

The Teamsters’ motion to amend the complaint during the hearing was appropriate under PERB Regulation 32648, which provides that the Board agent shall permit an amendment if the Board agent determines that amendment of the charge and complaint is appropriate. In determining the appropriateness of the amendment, the Board agent shall consider, among other factors, the possibility of prejudice to the respondent. The Board found that even if the addition of a new theory of liability based on conduct that occurred more than two years prior—but not discovered by Teamsters until three months before its motion to amend—would constitute prejudice, any such prejudice was dispelled because the City had four months to prepare to defend against the new interference allegations, which were fully litigated during the remaining days of hearing. (See Eastern Municipal Water District (2020) PERB Decision No. 2715-M, p. 8 [“Even if an amended pleading would prejudice the other party, it is appropriate to grant the requested amendment if the ALJ can order accommodations that sufficiently alleviate the prejudice, typically a continuance that allows additional time to prepare the case.”].)