CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Amended Charge or Complaint; Withdrawal of Charge; Relation Back Doctrine
Single Topic for Decision 2236M
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1101.02000 – Amended Charge or Complaint; Withdrawal of Charge; Relation Back Doctrine
Amended unfair practice charges “relate back” to the original charge when they clarify existing allegations or add a new legal theory based on the same set of facts in the original charge. Amended charge that clarified existing factual allegations by providing specific dates and describing the factual circumstances under which union allegedly made misrepresentations to employee concerning her obligation to join the union and pay union dues was sufficiently related to the original allegations of the charge and therefore timely.