CASE PROCESSING PROCEDURES; EVIDENCE – Adverse Inferences
Single Topic for Decision 1970H
Full Decision Text (click on the link to view): Full Text
1105.16000 – Adverse Inferences
Based on party’s failure to call presumably favorable witness to testify at hearing, ALJ drew inference that witness’ testimony would have been adverse to party. In light of California Evidence Code section 412, PERB does not draw an adverse inference when either party could have called the witness to testify but neither did so.