CASE PROCESSING PROCEDURES; EVIDENCE – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses

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* * * OVERRULED IN PART ON OTHER GROUNDS by multiple decisions, as recognized in State of California (Department of Corrections and Rehabilitation) (2024) PERB Decision No. 2926-S, pp. 16-19 & fn. 11. * * *

To establish a violation of section 3519(b), the Union has the burden to establish a denial of its rights separate and apart from the rights of individual employees; p. 5. Since the employer banned all union buttons, the burden of proving special circumstances is on the employer.