CASE PROCESSING PROCEDURES; EVIDENCE – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses
Single Topic for Decision 1026S
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1105.03000 – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses
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.