What does the PERB unfair practice process entail?
A. Upon the filing of an unfair practice charge, the charge is assigned to a Board Agent who will complete the initial review. The Charging Party and Respondent will be provided with the case number and name of the Board Agent by letter shortly after filing. The Respondent will be allowed time to respond to the allegations. This response must be sent to the Charging Party as well as to PERB. After receiving the Respondent’s response, the Board Agent will determine if the charge meets the minimum legal standard for a violation of the statute, that is, it states a prima facie case. If the charge fails to meet this standard, the Charging Party will be sent a “Warning Letter” and allowed time to correct the deficiencies in the charge. If the deficiencies are not corrected, the Board Agent will dismiss the charge. The Charging Party may appeal the dismissal to the Board itself.
