CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions

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1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions

PERB and NLRB have long recognized the appropriateness of assessing witness credibility based on non-observational criteria, such as inconsistent pretrial statements or other documentary evidence; selective memory on cross examination, evasive, exaggerated or inconsistent testimony; a party’s failure to offer available witness testimony; inherent probabilities and reasonable inferences.