CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Unalleged Violations

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1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.04000 – Unalleged Violations

While union’s unfair practice charge and post-hearing briefs argue that employees at the acquired clinics belong in the existing unit, OGC neither dismissed that allegation nor included it in the complaint. The union was therefore within its rights to move to amend the complaint to add such an allegation, but it did not do so. PERB expressed no opinion on this allegation, as it does not meet PERB’s standard for unalleged violations. (Superior Court v. Public Employment Relations Bd. (2018) 30 Cal.App.5th 158, 192-193 [to pursue unalleged claim, charging party must show the claim falls within the limitations period and relates to the same course of conduct at issue in the complaint, and that respondent had adequate notice and opportunity to defend against the claim, including an opportunity to examine witnesses and present documents].) (p. 49, fn. 30.)