CASE PROCESSING PROCEDURES; CHARGE – Pleading Requirements

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To establish a prima facie case, a charging party must allege facts that are capable of being proven by admissible evidence. Allegation that employee organization reasserted its information request was based solely on statements made by and to a California State Mediation and Conciliation Service mediator during impasse mediation. Because Evidence Code section 1119(a) and (b) makes such evidence inadmissible in an administrative adjudication, it cannot support the issuance of a complaint. In the absence of any admissible evidence that the employee organization reasserted its information request, the charge failed to state a prima facie case of refusal to provide information.