PARTIES; DEFINITIONS; WHO IS AN EMPLOYER? – Agents (See also 1400)

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* * * OVERRULED IN PART by Alliance Marc & Eva Stern Math & Science High School et al. (2021) PERB Decision No. 2795, where the Board held that to prove apparent authority a party need not show justifiable reliance on a principal’s representation of agency and a corresponding change in position by the relying party. * * *

The burden of proving agency is on the party asserting its existence; p. 19. Although school principal was actual agent, Association did not prove by a preponderance of the evidence that he was acting within the scope of his authority when he filed a civil lawsuit; p. 19. The record evidence did not justify finding of either express or ostensible/apparent authority to file the civil lawsuit. The fact that a complaint was sent through District mail was insufficient to establish agency where that was the entire extent of the District's involvement in the lawsuit; p. 20. The Association failed to prove the District had knowledge of the lawsuit, which knowledge was essential to a finding that the District ratified or condoned the filing; p. 21. lawsuit, which knowledge was essential to a finding that the District ratified or condoned the filing; p. 21. concerning the principal's filing of a civil lawsuit be sufficient to confer ostensible authority. The doctrine of respondent superior is inapplicable in the labor law context; p. 25. (Appeal pending Inglewood Teachers Association v. PERB/Inglewood Unified School District, 2nd DCA/Div. 7, Case No. B048803)