CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Unalleged Violations
Single Topic for Decision 2074M
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1107.04000 – Unalleged Violations
The issue of whether or not the Union’s telephone call to the City constituted a “changed circumstance” that revived the City’s obligation to bargain cannot be considered as it was not alleged in the charge, was not alleged in the complaint, was not introduced at hearing, and was not raised by the Union until its post- hearing brief. The City was not provided notice, or adequate opportunity to fully litigate the issue, and did not have the opportunity to examine or cross-examine witnesses on the issue.