CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Remand for Further Hearing; Remand to General Counsel
Single Topic for Decision 2384H
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1107.03000 – Remand for Further Hearing; Remand to General Counsel
Where charging party states a viable legal theory as to a novel issue, the proper course for the Board on review of a dismissal is to reverse and remand for issuance of a complaint, so that the novel issues may be decided upon a full evidentiary record and with the benefit of briefing by the parties. Here, charging party alleged sufficient facts to state a prima facie case and articulated a viable theory that the University violated HEERA section 3580.5 and/or interfered with protected employee rights by allowing a supervisor to represent a nonsupervisory employee in collectively-bargained complaint proceedings. In reviewing the dismissal of a charge containing multiple, factually distinct allegations, the Board may direct the issuance of a complaint as to some allegations, while remanding others to the Office of the General Counsel for further investigation of any factual or legal issues that were not fully or properly considered before the charge was dismissed.