CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Unalleged Violations

Single Topic for Decision 2881E

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Even if alleged change fell outside the complaint, the record satisfied each element of the unalleged violation doctrine given that: (1) the District had adequate notice and opportunity to defend given the content of union’s charge and opening statement [unilateral change in scheduling/assignment of ESL teachers in summer 2021]; (2) the acts or omissions at issue were intimately related to the subject matter of the complaint and were part of the same course of conduct; (3) the parties fully litigated the allegations; and (4) the parties had the opportunity to examine and cross-examine witnesses regarding the acts or omissions at issue. (State of California (State Water Resources Control Board) (2022) PERB Decision No. 2830-S, p. 14.) (pp. 13-14, fn. 10.)