CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ – Motions

Single Topic for Decision 2782M

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After receiving cross-motions for summary judgment, the ALJ found respondent union liable for the violations as alleged in the complaints. The Board reversed and dismissed the complaints and underlying charges. Union pointed to sufficient undisputed facts to demonstrate that charging parties could not prevail in their interference claims. The Board held that where the sole challenged conduct is a respondent’s public records request, a charging party must meet PERB’s traditional interference standards and show that the request, or any part of it, was both baseless and in bad faith. The Board found undisputed facts showing that union’s request was not baseless, making a formal hearing unnecessary.