Decision 0654H – Regents of the University of California

Regional Attorney's dismissal of charge reversed where the charging party's allegation -- "the policy of the employer had, for years, been to employ part-time lecturers already employed by the university for additional service on campus" -- was sufficient to state a prima facie case of the existence of an established policy. Whether or not the policy or practice in fact existed and whether it was changed are factual questions to be determined after a hearing.

General counsel does not exceed its authority or compel the Charging Party to "prove its case on paper" by requesting information, during investigation, for the purposes of screening the charge to determine if prima facie case exists.

Prima facie case is stated in allegation that University hired three full-time lecturers not previously employed while reducing the available employment opportunities for part-time lecturers currently employed. The circumstances as pled raise bona-fide issue of whether the part-time lecturers had "incumbent rights" in the full-time positions.