§ 20219. Review of Dismissals.

Within 10 days of the date of service of a dismissal, the charging party may file a request with the general counsel for review of the decision dismissing the charge. The request for review shall specifically state all reasons why the decision should be reviewed. If the charge was dismissed for lack of evidence, the charging party may provide additional evidence in support of the charge accompanied by a showing of the reasons why such evidence was not previously presented to the regional director. If the charge was dismissed for failure to legally constitute an unfair labor practice, the charging party shall provide legal authority in support of its position that the evidence constitutes an unfair labor practice. The request for review and all supporting documents shall be served upon the charged party and the regional director as provided in section 20166. Within 10 days from the filing of such request, the charged party may file a statement in opposition with service on the charging party as provided in Section 20166. Extensions of time to file a request for review or a statement in opposition may be requested in accordance with section 20192, except that such requests shall be directed to and ruled upon by the General Counsel.

The general counsel may request an oral presentation from the parties. The general counsel may affirm the decision of the regional director, remand for further consideration or evidence, or issue a complaint.

HISTORY

1. Amendment filed 3-14-78; effective thirtieth day thereafter (Register 78, No. 11).

2. Editorial correction adding NOTE filed 2-16-83 (Register 83, No. 8).

3. Amendment of section filed 9-20-91; operative 10-21-91 (Register 92, No. 4).

4. Amendment of first paragraph and Note filed 7-8-99; operative 8-7-99 (Register 99, No. 28).

Note

Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1149, 1151.4(a), 1160.2 and 1160.5, Labor Code.