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

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Although insufficient notice is an element of the charging party’s prima facie case in a unilateral change case, where the facts demonstrate, or the respondent admits, that no formal notice was provided, the burden is the respondent’s to prove its affirmative defense of waiver. Because the City gave no formal notice to the exclusive representative of a proposed transfer of bargaining unit work, it was the City’s burden to establish that the representative had actual or constructive notice of the proposed change and that it failed to act on such knowledge, before the City began meeting with employees to implement the decision.