CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Remand for Further Hearing; Remand to General Counsel

Single Topic for Decision 2830S

View all topics for Decision 2830S

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

The ALJ found that the state employer established a statute of limitations defense to the union’s bad faith bargaining claim. The ALJ then dismissed the entire complaint, treating the interference claims as purely derivative. PERB reversed and remanded for consideration of the independent interference allegations. On remand, the Board directed the ALJ to consider witness credibility, among other relevant record components, in determining whether the state employer provided the union and employee with the opportunity for meaningful representation during the employee’s investigative interview. (p. 15.)