CASE PROCESSING PROCEDURES; EVIDENCE – Hearsay

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While one set of UTLA’s bargaining notes fell under the business records exception to the hearsay rule (Evid. Code, § 1271; PERB Reg. 32176 [PERB Regulations are codified at Cal. Code Regs., tit. 8, § 31001 et seq.]; Regents of the University of California (2021) PERB Decision No. 2783-H, p. 16, fn. 5; Contra Costa County Fire Protection District (2019) PERB Decision No. 2632-M, p. 7, fn. 7), no recognized exception applied to another set of bargaining notes, as neither the note-taker nor any other qualified witness testified as to how the notes were prepared (Evid. Code, § 1271(c)). However, since a witness testified that the notes were accurate, that corroboration was sufficient for a factual finding. (PERB Reg. 32176.) (p. 19, fn. 9)