CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – De Novo Review; Standard of Review by Board

Single Topic for Decision 2926S

View all topics for Decision 2926S

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

In resolving pre-hearing dismissal motions, ALJs must apply the same principles that OGC applies in determining which charge allegations (if any) warrant dismissal. (Cal Fire Local 2881 (Tobin) (2018) PERB Decision No. 2580-S, p. 2.) And where a party appeals an ALJ’s dismissal, the Board applies the same principles in its de novo review. As a result, the Board assumes charging party’s factual allegations are true, and view these allegations in the light most favorable to SEIU. (City and County of San Francisco (2023) PERB Decision No. 2846-M, p. 8.) (pp. 6-7.)