CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Unalleged Violations

Single Topic for Decision 3054E

View all topics for Decision 3054E

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

For PERB to consider conduct as a per se violation, the conduct must either appear in the complaint or satisfy the unalleged violation doctrine; in contrast, these principles do not apply to a claim of bad faith under the totality of the conduct, as the complaint need not allege all bad faith indicia the evidence may support (and the answer need not allege all countervailing factors). (City of Davis (2018) PERB Decision No. 2582-M, pp. 10-17.) (p. 31, fn. 13)