CASE PROCESSING PROCEDURES; CHARGE – Investigation of Charge

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PERB does not penalize a charging party for failing to label a theory that may fit the factual allegations in its charge; rather, PERB’s Office of the General Counsel must issue a complaint based on all legal theories for which the alleged facts state a prima facie case. (San Jose/Evergreen Federation of Teachers, AFT Local 6157, and American Federation of Teachers, AFL-CIO (Crawford et al.) (2020) PERB Decision No. 2744, p. 23; Hartnell Community College District (2015) PERB Decision No. 2452, pp. 53-54.)