CASE PROCESSING PROCEDURES; EVIDENCE – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses
Single Topic for Decision 0792E
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1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.03000 – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses
1105.03000 – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses
* * * OVERRULED IN PART ON OTHER GROUNDS by Alliance Marc & Eva Stern Math & Science High School et al. (2021) PERB Decision No. 2795. * * *
The burden of proof in unfair labor practice cases is preponderance of the evidence; p. 19. The burden of proving agency is on the party asserting its existence; p. 19. (Affirmed, Inglewood Teachers Association v. PERB/Inglewood Unified School District (1991) 227 Cal.App.3d 767.)