CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ – Motions

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Because the subject of reply briefs is not specifically set forth in or limited by PERB Regulations, it falls under the Board’s broad, statutory powers to “investigate unfair practice charges or alleged violations of [the MMBA], and [to] take any action and make any determinations in respect of these charges or alleged violations as the board deems necessary to effectuate the policies of [the MMBA].” Where a reply brief clarifies the issues by narrowing the scope of the dispute, the Board may consider a reply, as it would aid the Board in its review of the matter and, by narrowing the scope of issues in dispute, will not prejudice other parties. (pp. 4-5.)