CASE PROCESSING PROCEDURES; EVIDENCE – Stipulations

Single Topic for Decision 2588E

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The Board rejected District’s exception that it repeatedly offered to negotiate over the union’s proposal and the union did not accept the offer because there was no evidence that the union declined the District’s two offers to negotiate. (pp. 9-10.) The facts are not subject to dispute because the parties submitted a stipulated factual record. (p. 2.) Therefore, the stipulated facts constitute a judicial admission that the union responded to the District’s initial offer with proposed procedures and that “the District ultimately declined to negotiate” with the union. Absent contrary evidence, the only conclusion the Board may draw from the stipulation is that the District refused to bargain over the union’s proposal. (pp. 9-10.)