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

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1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.03000 – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses

Charging Party’s petition to establish a separate unit of professional employees but to retain the same exclusive representative of the current mixed unit failed to comply with the District’s local rules governing unit modification and severance. Charging Party failed to overcome the presumption of correctness afforded a legislative act to show that the District had acted unreasonably in applying or enforcing any aspect of its local rules governing unit modification and severance. The MMBA grants public agencies the right to “adopt reasonable rules and regulations” for the administration of employer-employee relations, including for determining what constitutes “an appropriate unit” of employees for collective bargaining purposes. PERB and judicial authority requires that, when evaluating the reasonableness of a public agency’s unit determination made pursuant to a local rule, the party challenging the unit determination bears the burden of demonstrating that the decision was not reasonable. (pp. 10-11.)