All notes for Subtopic 1100.04000 – Amendments

DecisionDescriptionPERC Vol.PERC IndexDate
2522H Trustees of the California State University
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
Where case file gave no indication that the domination and interference theory of liability alleged in the charge had been investigated or addressed in a warning letter, Board vacated the dismissal of that allegation and remanded to Office of the General Counsel for further investigation. PERB Regulations prohibit dismissal of any allegation without prior notice to the charging party. (PERB Reg. 32620, subd. (d).) (pp. 18-19.) more or view all topics or full text.
4115003/20/17
2522H Trustees of the California State University
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
Although PERB Regulations place no limit on the number of times a charging party may amend its charge before a warning letter issues or before the charge is dismissed, they do not require an investigating Board agent to provide a separate warning letter for each successive amendment to a charge. If, following a warning letter that adequately identifies the deficiencies in a charge, subsequent amendments do not correct those deficiencies, dismissal is appropriate. (PERB Reg. 32620, subd. (d); 32621.) (p. 4.) more or view all topics or full text.
4115003/20/17
2475E United Teachers of Los Angeles (Raines, et al)
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
Under relation back doctrine, PERB may include additional charging parties after the limitations period has run if their allegations are identical to those included in a previously-filed charge. more or view all topics or full text.
4014702/29/16
2384H Trustees of the California State University
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
An amended charge may incorporate by reference information or allegations included in a previous iteration of the charge, so long as the amended charge includes a “clear and concise statement” of the charge and otherwise complies with PERB’s regulations. New allegations included in an amended charge may not be dismissed merely because they were not included in the original charge. PERB regulations place no limit on the number of times a charging party may amend its charge before a warning letter issues or before the charge is dismissed. more or view all topics or full text.
391606/30/14
2400H Trustees of the California State University
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
Failure of Board agent to inform charging party that respondent was entitled to file response to amended charge does not affect outcome of dismissal of charge. Extension of time granted to respond to amended charge did not violate PERB Regulation 32132(b), where there was no basis to conclude that Board agent did not find good cause for extension. Amended charge that attempted to cure the fatal subject matter jurisdictional defect by re-characterizing what is essentially a wage claim into a claim that the wage dispute arose in retaliation for EERA-protected activities does not state prima facie violation of EERA. more or view all topics or full text.
397111/24/14
2357E Claremont Unified School District
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
A charging party is not permitted to amend a dismissed charge until the dismissal is reversed and remanded for further proceedings. more or view all topics or full text.
3812802/21/14
2299E Los Angeles Unified School District
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
Failure of Board agent to inform charging party that respondent was entitled to file response to amended charge does not affect outcome of dismissal of charge. Extension of time granted to respond to amended charge did not violate PERB Regulation 32132(b), where there was no basis to conclude that Board agent did not find good cause for extension. Amended charge that attempted to cure the fatal subject matter jurisdictional defect by re-characterizing what is essentially a wage claim into a claim that the wage dispute arose in retaliation for EERA-protected activities does not state prima facie violation of EERA. more or view all topics or full text.
12/20/12
2134H Trustees of the California State University (San Marcos)
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
PERB Regulation 32621 provides that a charging party may file an amended charge before the Board agent issues or refuses to issue a complaint. Therefore, when a charging party files an amended charge after the charge was dismissed by a Board agent, the amendment will be deemed as untimely and will not be subject to review on the merits. more or view all topics or full text.
3414110/01/10
2187E California School Employees Association and its Chapter 746 (Perez)
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
PERB has historically treated the filing of an amended charge after an unfair practice charge has been dismissed as an appeal from the dismissal of the charge. Even construing the amended charge as an appeal from dismissal, amended charge filed two days after extended deadline agreed to by parties was untimely, in the absence of a showing of good cause. more or view all topics or full text.
36806/15/11
2169M Service Employees International Union, Local 1021 (Crandell)
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
Charging party filed his amended charge after the due date stated in the warning letter because he did not retrieve the warning letter from his post office box until the due date. Had charging party checked his post office box sooner, he could have requested an extension of time to file an amended charge. The Board found no good cause to excuse the late-filed amended charge. more or view all topics or full text.
355002/25/11
1956M Service Employees International Union Local 1292 (Marriott, et al.)
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
Amended charge filed after time prescribed by Board agent but prior to issuance of dismissal was still timely pursuant to PERB Regulation 32621. more or view all topics or full text.
327805/09/08
2046E Alvord Educator's Association (Bussman)
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
Pursuant to PERB Regulation 32635(b) “unless good cause is shown, a charging party may not present on appeal new allegations or new supporting evidence.” Charging Party failed to demonstrate good cause as to why new claims that the union provided false information to PERB, and new details regarding the claim for violation of the duty of fair representation, were not included in the original or amended charge, and should be considered for the first time on appeal. more or view all topics or full text.
3312806/30/09
2023M County of San Bernardino (County Library)
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
Board found good cause to excuse late filing of amended charge where charging party made a conscientious attempt to timely file amended charge, the amended charge was postmarked on the date due for filing as a result of honest error based on “misunderstood communications” between the charging party and the Board agent, and there was no evidence of prejudice resulting from the brief delay. A late filing may be excused at the discretion of the Board for good cause only. Once excused, the filing becomes timely (PERB Regulation 32135). more or view all topics or full text.
338505/12/09
2021E Alvord Unified School District
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
Pursuant to PERB Regulation 32635(b) “unless good cause is shown, a charging party may not present on appeal new allegations or new supporting evidence.” Charging Party failed to demonstrate good cause as to why these matters should be considered for the first time on appeal. more or view all topics or full text.
337604/30/09
1838M Sacramento Municipal Utility District
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
An amendment to unfair practice charge must be timely filed. An amendment filed after a dismissal has issued is not timely. more or view all topics or full text.
3011705/10/06
1917M Service Employees International Union, Local 715 (Langlois-Dul, et al.)
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
Because the warning and dismissal letters were addressed to the wrong zip code, and allegedly never reached the charging party, the Board vacated the dismissal, restored the case to the status quo that existed immediately before the issuance of the warning letter, and remanded the case to the Office of the General Counsel for the re-issuance of the warning letter and for further investigation and processing. more or view all topics or full text.
3113408/02/07
1870H Regents of the University of California
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
A party may not amend a charge after the issuance of a dismissal letter unless the party shows that there was good cause for the late filing. The failure of union staff to obtain an extension during the union representative’s vacation is an insufficient reason to excuse the late filing. more or view all topics or full text.
313412/28/06
1872E Public Employees Union Local 1 (Pina)
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
The attempted amendment of the charge after dismissal was untimely, as the charging party did not allege that there was good cause for the late filing. more or view all topics or full text.
313612/29/06
A338M Marin County Law Library
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
Amendment to unfair practice charge must be timely filed. Amendment filed after dismissal has issued is not timely. Once dismissal has issued board agent no longer has jurisdiction and charge cannot be further amended. more or view all topics or full text.
2821107/02/04
1549E Banning Unified School District
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
Board found good cause to accept charging party’s late-filed amended charge where Board agent initially provided incorrect due date and charging party was on vacation when notified of amended due date. more or view all topics or full text.
2713610/09/03
1552E Los Angeles Unified School District * * * OVERRULED IN PART by Walnut Valley Unified School District (2016) PERB Decision No. 2495
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
The Board declined to consider Bailey’s amended charge because, inter alia, it did not list the District on the proof of service and because it was filed several days late. more or view all topics or full text.
28710/21/03
1542M International Union of Operating Engineers Local 39 (Irish)
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
Board found good cause to excuse late filing of amended charge where charging party made a conscientious attempt to timely file amended charge, provided a proof of service signed under penalty of perjury, and was not informed whether or not PERB Regulation 32135 would apply. more or view all topics or full text.
2710706/30/03
1541M City of Sacramento
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
Board found good cause to excuse late filing of amended charge where charging party made a conscientious attempt to timely file amended charge, provided a proof of service signed under penalty of perjury, and was not informed whether or not PERB Regulation 32135 would apply. more or view all topics or full text.
2710606/30/03
1512E Oakland Unified School District
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
Board refused to consider charging party’s amended charge where charging party failed to serve the amended charge on respondent. more or view all topics or full text.
274503/25/03
1513E Service Employees International Union, Local 790 (Fanene)
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
Board refused to consider charging party’s amended charge where charging party failed to serve the amended charge on respondent. more or view all topics or full text.
274403/25/03
1458E Sacramento City Teachers Association (Marsh)
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
Statute of limitations for a new allegation contained in an amended charge begins to run based on filing date of amended charge not original charge. more or view all topics or full text.
253210708/28/01
A101H Joint Hearing Order (7/16/80): (Higher Education Employer-Employee Relations Act-University of California) Unit Determination: Phase II Professional and Operations Hearings
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
Any party may, after its original position, propose alternatives at any time without formal amendment as long as its new position does not expand the existing scope of the hearing. If a party proposes an alternative unit that contains matters beyond the existing scope of the hearing, it may do so only by way of formal amendment with additional showing of support as necessary. more or view all topics or full text.
41117509/29/80
A043E Vista Unified School District (Williamson and Grayson)
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
Hearing officer dismissal of amendment for untimely filing is reversed. Notice of dismissal with leave to amend did not tell charging parties when the ten day period for amendment began to run. Because of a lack of clear and unequivocal notice to charging parties, the hearing officer rejection of amendment is reversed. more or view all topics or full text.
2214907/19/78
0874E Los Angeles Unified School District (Woods)
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
During the hearing, any instruction from the ALJ to the charging party regarding the charging party's burden of establishing protected activity should, at a minimum, reflect the allegations of protected activity contained in the amended complaint; and the ALJ's characterization of the amendment to the complaint as mere background is erroneous and misleading. more or view all topics or full text.
152206904/10/91
0853H California State University (Jenkins)
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
New allegations may not be dismissed merely because they are "not found within the original charge." New factual allegations [raised in the amendment] which are unrelated to the original charge may be used to support an entirely new charge, provided the new allegations describe conduct which occurred within six months of the date of the new charge; p. 5. more or view all topics or full text.
152200012/05/90
0460E Monrovia Unified School District
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
At hearing ALJ properly refused to permit amendment because of lapse of six-month period. It was no consequence that allegations concerning attempted amendment were alluded to in documents accompanying charge. Employer's response in answer to the buried allegations did not serve to cure the charging party's failure to make clear allegation. more or view all topics or full text.
91602812/13/84
0394S State of California (Department of Consumer Affairs)
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
Late amendment of charge not permitted as filing party offered no explanation for its tardiness; p. 2. more or view all topics or full text.
81514308/10/84
0353H Regents of the University of California
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
Elimination of pay differential is not continuing violation. more or view all topics or full text.
71428010/27/83
0332E Reed District Teachers Association (Reyes)
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
Lay person not expected to know difference between amendment of charge or amendment to charge. Where later charge incorporates pleadings of original charge, all will be considered one pleading. more or view all topics or full text.
71422408/15/83
0152E Los Angeles Unified School District (Watts)
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
Public notice complaint with ambiguity should not be dismissed without leave to amend until complainant given opportunity to clear up ambiguity. more or view all topics or full text.
51200912/30/80
0150Eb Los Angeles Community College District (Watts)
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
Public notice complaint properly dismissed for failure of complainant to timely amend complaint per instructions of Board agent. more or view all topics or full text.
61300111/30/81
0046E Hanford Joint Union High School District Board of Trustees
1100.4000: CASE PROCESSING PROCEDURES; CHARGE; Amendments
Charge dismissed for failure to file amendments within alloted time. more or view all topics or full text.
2204202/01/78