CASE PROCESSING PROCEDURES; COMPLAINT – Variance of Complaint from Charge; Evidence, Findings, or Order Varying from Complaint; Events Subsequent to Charge or Complaint
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1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.03000 – Variance of Complaint from Charge; Evidence, Findings, or Order Varying from Complaint; Events Subsequent to Charge or Complaint
1103.03000 – Variance of Complaint from Charge; Evidence, Findings, or Order Varying from Complaint; Events Subsequent to Charge or Complaint
Employer did not argue that alleged unilateral change falls outside the complaint, and in any event such an argument would be untenable given that PERB follows notice pleading principles. (State of California (State Water Resources Control Board) (2022) PERB Decision No. 2830-S, p. 15; accord Eastern Municipal Water District (2020) PERB Decision No. 2715-M, p. 8 [because administrative proceedings are not bound by strict rules of pleading, a party cannot complain that proof varied from allegations, absent a due process violation].) (p. 13.)