All notes for Subtopic 1105.16000 – Adverse Inferences

DecisionDescriptionPERC Vol.PERC IndexDate
2717E * * * JUDICIAL APPEAL PENDING * * * Alliance Environmental Science and Technology High School, et al.
1105.16000: CASE PROCESSING PROCEDURES; EVIDENCE; Adverse Inferences
The Board took an adverse evidentiary inference against employers, and credited an employee’s account, because the employers failed to call their agent to testify regarding conversations that were central to the dispute. (Page 23.) more or view all topics or full text.
05/18/20
2584E California Virtual Academies
1105.16000: CASE PROCESSING PROCEDURES; EVIDENCE; Adverse Inferences
If weaker and less satisfactory evidence is offered when it was within the power of the party to produce stronger and more satisfactory evidence, the evidence offered should be viewed with distrust. more or view all topics or full text.
435409/21/18
1970H Trustees of the California State University
1105.16000: CASE PROCESSING PROCEDURES; EVIDENCE; Adverse Inferences
Based on party’s failure to call presumably favorable witness to testify at hearing, ALJ drew inference that witness’ testimony would have been adverse to party. In light of California Evidence Code section 412, PERB does not draw an adverse inference when either party could have called the witness to testify but neither did so. more or view all topics or full text.
3211807/18/08
0640H Regents of the University of California
1105.16000: CASE PROCESSING PROCEDURES; EVIDENCE; Adverse Inferences
ALJ properly drew adverse inference from failure to comply with order to produce; where party refuses to comply with order to produce, it may be prevented from presenting evidence on the subject of the unproduced evidence. more or view all topics or full text.
121900712/10/87