All notes for Subtopic 1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions

DecisionDescriptionPERC Vol.PERC IndexDate
2617E Oxnard Union High School District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board held the ALJ properly refused to consider documents attached to the charging party’s post-hearing closing brief which were offered in support of her claim that two of respondent’s witnesses testified untruthfully at the hearing. Because she never requested a hearing transcript, the Board had no formal record of their testimony to review and no basis to question the ALJ’s findings of fact based on the witnesses’ testimony. (p. 3.) Nor did charging party explain why she did not introduce the documents, which existed at the time of the hearing, before the evidentiary record closed. Thus, her effort to attack the witnesses’ credibility after they were no longer subject to examination by the employer was inappropriate. (p. 4.) more or view all topics or full text.
4311112/27/18
2629M County of Santa Clara (Reese)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
To the extent an ALJ assesses credibility based upon observing a witness in the act of testifying, we defer to such assessments unless the record warrants overturning them. (Los Angeles Unified School District (2014) PERB Decision No. 2390, p. 12.) (pp. 6-7) more or view all topics or full text.
4314502/27/19
2624S State of California (Department of Social Services (Service Employees International Union Local 1000)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Although the Board applies a de novo standard of review and is free to draw its own conclusions from the record, it recognizes that “a hearing officer who has observed the testimony of witnesses under oath is better positioned than the Board itself to make credibility determinations based on observational factors, such as the demeanor, manner, or attitude of witness[es].” more or view all topics or full text.
4312802/05/19
2624S State of California (Department of Social Services (Service Employees International Union Local 1000)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board does not accord deference to aspects of a credibility determination that are not based on an ALJ’s firsthand observations. more or view all topics or full text.
4312802/05/19
2624S State of California (Department of Social Services (Service Employees International Union Local 1000)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board will normally defer to an ALJ’s findings of fact involving credibility determinations “unless they are unsupported by the record as a whole.” more or view all topics or full text.
4312802/05/19
2584E * * * JUDICIAL APPEAL PENDING * * * California Virtual Academies
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board reviews a proposed decision de novo, may draw contrary inferences from the factual record, and may reverse the ALJ’s legal conclusions. The Board defers to findings of fact that incorporate credibility determinations unless there is evidence to support overturning them. more or view all topics or full text.
435409/21/18
A454M City of Salinas
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board may grant a stay of activity when the Board’s action or order would be rendered unnecessary should the Board reverse the Board agent’s ruling. more or view all topics or full text.
425410/20/17
A454M City of Salinas
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
A request for stay of activity pending an appeal of the denial of a factfinding request, aimed at preventing the employer from acting unilaterally before completing factfinding, is beyond the scope of a stay of activity. The remedy for a party seeking to prevent another party from acting unlawfully is a request for injunctive relief under PERB Regulation 32450. more or view all topics or full text.
425410/20/17
2567E Hartnell Community College District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Charging Party cannot rely on factual allegations made at the pre-hearing stage of PERB proceedings, which PERB accepts as true, with factual findings resulting from a formal hearing and developed record, which are the Charging Party’s burden to prove with competent and admissible evidence. (PERB Regs. 32178.) On review of a dismissal without hearing, the Board treats the charging party’s factual allegations as true and considers them in the light most favorable to the charging party’s case. However, after a complaint issues, the charging party bears the burden of prove the complaint’s allegations by a preponderance of the evidence in order to prevail. (PERB Reg. 32178.) A prior Board decision reversing the dismissal of an unfair practice charge is neither evidence in support of a complaint’s allegations, nor the law of the case as to the merits of the dispute. (pp. 6-7.) more or view all topics or full text.
43206/12/18
2567E Hartnell Community College District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board adopted the ALJ’s finding that the Charging Party had failed to prove that the ultimate decisionmaker responsible for terminating Charging Party’s employment knew of Charging Party’s protected activity. (p. 9.) To prevail in a case alleging retaliation under Novato Unified School District (1982) PERB Decision No. 210 and similar authorities, the charging party must prove that at least one of the respondent’s agents responsible for taking adverse action knew of the charging party’s participation in protected activity. (p. 9.) more or view all topics or full text.
43206/12/18
2567E Hartnell Community College District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board found it unnecessary to consider most of Charging Party’s exceptions, as they concerned issues that were not material to the outcome of his case. Although the Board’s review of exceptions to a proposed decision is de novo, it need not address arguments that have already been adequately addressed in the same case or that would not affect the result. (pp. 3-4.) more or view all topics or full text.
43206/12/18
2544E Bellflower Unified School District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Because the Board adopted the proposed decision, which fully considered and explained why certain information requested by the union was necessary and relevant, these same issues, presented to the Board as exceptions to the proposed decision, warranted no further discussion from the Board. Although the Board’s review of exceptions to a proposed decision is de novo, it need not address arguments that have already been adequately addressed in the same case or that would not affect the result. (p. 11.) more or view all topics or full text.
427012/15/17
2544E Bellflower Unified School District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
In the absence of any explanation or briefing from a school district who argued that the management rights clause remained in effect after 2010, or a request for reconsideration showing both extraordinary circumstances and that the Board’s determination in a prior decision that the parties’ agreement had expired in 2010 contained prejudicial error of fact, the Board had no grounds to consider the district’s waiver defense, which was based on the management rights language, in this case. (p. 7.) The interpretation of a collective bargaining agreement is not simply a factual finding of the sort which the Board or its agents are free to disregard in a subsequent case involving the same language. Because of its significance for governing the parties’ ongoing relationship, a Board finding as to the meaning of a contract term is more akin to a question of law, particularly where, as here, the question is whether the contract itself is illegal or void for public policy, as declared by the three-year limit for collective bargaining agreements set forth in EERA section 3540.1, subdivision (h). (pp. 6-7.) more or view all topics or full text.
427012/15/17
2544E Bellflower Unified School District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board rejected a school district’s exception that it had no notice that the ALJ considered the duration language of the parties’ agreement ambiguous or that the meaning of the duration language would be dispositive in the case by determining whether the management rights clause remained in effect. (p. 5-6.) A PERB hearing officer has the power and the duty to “[i]nquire fully into all issues and obtain a complete record upon which the decision can be rendered” and to “[r]ender and serve the proposed decision on each party.” (PERB Reg. 32170.) A hearing officer is not required to advise the parties of which factual disputes or legal issues may determine the outcome of the case, nor to make preliminary factual findings at the hearing itself so that the parties may object or offer additional evidence or argument on the issue. (Ibid.) more or view all topics or full text.
427012/15/17
2544E Bellflower Unified School District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Because the uncontradicted, unimpeached testimony of three union witnesses and one management witness was that the parties’ collective bargaining agreement had expired in 2010, the Board denied a school district’s exception arguing that the agreement’s management rights clause had remained in effect and served as a waiver of the union’s right to bargain over subcontracting of the district’s bus services. (p. 5.) Uncontradicted, unimpeached testimony at hearing is sufficient to carry the burden of proof in an unfair practice case. (PERB Reg. 32178.) more or view all topics or full text.
427012/15/17
2531M Santa Clara Valley Water District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
In the absence of decertification, Charging Parties had no absolute right to a separate unit of professional employees when the exclusive representative of the existing mixed unit did not wish to split the unit into professional and non-professional units. PERB and controlling judicial authority have held that the right of professional employees to separate representation is not absolute, but must be harmonized with other provisions of the statute. (p. 14.) more or view all topics or full text.
42506/23/17
2531M Santa Clara Valley Water District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
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.) more or view all topics or full text.
42506/23/17
2523C El Dorado County Superior Court
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board rejected Charging Party’s exception that, by requesting bargaining over a single issue following impasse, the Charging Party had effectively broken the deadlock and revived the Respondent’s duty to bargain over the single issue, which had already been part of the overall deadlock reached in negotiations for a successor MOU. (pp. 10-11.) The Board found no violation of the duty to bargain because Charging Party’s request for single-issue negotiations did not break the impasse and revive the Respondent’s duty to bargain. Although impasse necessarily entails an overall deadlock in negotiations, it may stem from disagreement over a single subject, if the disagreement is of such importance that the parties’ failure to agree on that one subject causes all negotiations to break down. (pp. 10-11.) The party asserting that an impasse has been broken must point to the changed circumstances that would justify a return to the bargaining table. Mere speculation regarding possible concessions by the other party is insufficient to revive bargaining. There must be substantial evidence that a party is committed to a new bargaining position. Vague and general statements about possible concessions or a request by one party for additional meetings, if unaccompanied by an indication of the areas in which that party foresees future concessions, are insufficient to break an impasse where the other party has clearly announced that its position is final. (p. 9.) more or view all topics or full text.
4115203/20/17
2571M City of San Ramon
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
While the Board is free to draw contrary inferences from the evidence, it generally defers to an ALJ’s credibility determination absent evidence to support overturning such a conclusion. (Trustees of the California State University (San Marcos) (2010) PERB Decision No. 2093-H, p. 3.) more or view all topics or full text.
43606/20/18
2514E Santa Ana Unified School District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Notwithstanding the deference usually shown by the Board toward an ALJ’s factual findings based on credibility determinations, because in this case, there was no formal hearing on the record and no live testimony to serve as the basis for observational or non-observational credibility factors, the Board owed no deference to the ALJ’s findings or credibility determinations. The Board applies a de novo standard of review and is required to consider the entire record. As the ultimate finder of fact, it is free to draw its own findings and conclusions from the record, even where they are contrary to those of an ALJ. (PERB Reg. 32300.) more or view all topics or full text.
4113202/08/17
2504E Anaheim Union High School District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
While the Board applies a de novo standard of review and is free to draw its own conclusions from the record, because an ALJ is in a much better position than the Board to accurately make credibility determinations based on live testimony, “the Board has determined that it will normally afford deference to administrative law judges’ findings of fact involving credibility determinations unless they are unsupported by the record as a whole.” [citations omitted.] Because the record as a whole in this case supported the ALJ’s factual findings and credibility determinations, which were based on a variety of observational and non-observational factors, and because the excepting party provided no grounds to undermine these findings and determinations, the Board declined to disturb the proposed decision finding that the charging party failed to prove the complaint’s allegations of bad-faith bargaining. (p. 14.) more or view all topics or full text.
418010/14/16
2476M City of Santa Clara
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Where parties’ surface bargaining dispute turned on undisputed facts, and no party excepted to the factual findings included in a proposed decision, the Board adopted the ALJ’s factual findings but remanded for consideration of competent, reliable evidence to resolve separate interference allegations and to determine whether those allegations would affect the result of the surface bargaining allegation. Independent unfair practices committed at or away from the bargaining table, including allegations of coercive statements by employer agents to employees, may serve as evidence of bad faith in negotiations, and thus support the surface bargaining allegation. On remand, the ALJ may also consider the parties’ exceptions and responses thereto to ensure that any legal conclusions included in a new proposed decision are free of possible error. Charging party was blindsided by ALJ’s categorical refusal to consider declarations on disputed material facts where ALJ previously assigned to the case had agreed to permit the disputed issues to be decided based on declarations and rebuttal declarations rather than live testimony. The Board remanded with instructions for the ALJ to convene a hearing or otherwise determine how best to inquire fully into all issues and obtain a complete record on which a decision could be rendered. more or view all topics or full text.
4015403/10/16
2481H Regents of the University of California (Los Angeles)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Although PERB follows the policy of California courts favoring resolution of disputes on their merits and against depriving a party of the right to appeal because of technical noncompliance in matters of form, failure to comply with even the most basic requirements of PERB’s regulation governing exceptions may result in dismissal without Board review of the merits of the excepting party’s claims. Board declined to address charging party’s exceptions or overturn the ALJ’s credibility determinations where charging party failed to cite to the applicable portion of the record, attempted to introduce evidence outside the record, or merely repeated arguments already adequately addressed by the proposed decision. more or view all topics or full text.
4018405/27/16
2479E Los Angeles Unified School District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; 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. more or view all topics or full text.
4016604/20/16
2443M City of Milpitas
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board defers to the ALJ’s findings of fact that incorporate credibility determinations, but otherwise reviews an ALJ decision de novo. The Board may draw different or even opposite inferences from the factual record than did the ALJ and may reverse the conclusion of law legal determinations of the ALJ. more or view all topics or full text.
403607/29/15
2337E Palo Verde Unified School District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board itself, not the ALJ, is the ultimate finder of fact. Findings of fact of PERB administrative law judges, who are mere delegates of the Board itself, are entitled to that amount of deference which the Board, in its discretion, wishes to afford them. In accordance with this rule, the Board has determined that it will normally afford deference to administrative law judges’ findings of fact involving credibility determinations unless they are unsupported by the record as a whole. While the Board will afford deference to the hearing officer’s findings of fact which incorporate credibility determinations, the Board is required to consider the entire record, including the totality of testimony offered, and is free to draw its own and perhaps contrary inferences from the evidence presented. more or view all topics or full text.
386910/29/13
2390E Los Angeles Unified School District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board will defer to ALJ credibility determinations absent evidence to support overturning such determinations. more or view all topics or full text.
393408/26/14
2285S State of California (Department of Corrections and Rehabilitation)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
ALJ’s credibility determination based upon opinion that “gratuitous comments would not be volunteered by an experienced investigator” and that an experienced law enforcement officer would not make the statement attributed to her are more in the nature of speculative generalizations about the character of law enforcement than they are a product of firsthand observations by the ALJ of the witness’s testimony. Accordingly, the Board accords the ALJ’s credibility determination no particular deference. more or view all topics or full text.
09/17/12
2237S State of California (Board of Equalization)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
When the Board considers the record, it is free to draw its own and perhaps contrary inferences from evidence; it is a well-established principle, however, that the Board will defer to credibility determinations of the administrative law judge absent evidence to support overturning such conclusions; where charging party asserted that he was more credible than witness for the employer because the administrative law judge incorporated his undisputed testimony into the findings of fact, he was consistent in his own account of what occurred, and his supervisor did not know of any instances in which he lied, credibility determination in favor of witness for employer was not overturned. more or view all topics or full text.
3612102/07/12
2267M County of Santa Clara * * * OVERRULED IN PART by Los Angeles Unified School District (2016) PERB Decision No. 2479
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
It is a well-established principle that the Board will give deference to ALJ credibility determinations absent evidence to support overturning such conclusions. Board finds no basis to overturn ALJ’s credibility determinations, factual findings, or legal conclusions. more or view all topics or full text.
05/25/12
2241E Lake Elsinore Unified School District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board will give deference to ALJ credibility determinations absent evidence to support overturning such conclusions. ALJ’s determination that witness did not make statements attributed to her is affirmed. more or view all topics or full text.
3612902/27/12
2219E Los Angeles Community College District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board normally gives deference to the ALJ’s factual findings involving credibility determinations unless they are unsupported by the record as a whole. more or view all topics or full text.
368211/15/11
2184M County of Riverside
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
While the Board will afford deference to the ALJ’s findings of fact which incorporate credibility determinations, the Board is required to consider the entire record, including the totality of testimony offered, and is free to draw its own and perhaps contrary inferences from the evidence presented. Here, the ALJ made no determination that testimony of one witness was more credible than that of another but relied on evidence that charging party contacted his union after the meeting to conclude that it was “more likely than not” that charging party requested a union representative at a meeting with his supervisor and was denied one. Since the record contains no evidence that charging party was aware he could or should seek union representation until after the meeting, Board finds that the evidence did not establish that he requested union representation during the meeting. more or view all topics or full text.
36206/07/11
2093H Trustees of the California State University (San Marcos)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board grants deference to ALJ credibility determinations absent evidence to support overturning such conclusions. The ALJ’s credibility determinations are proper and support the conclusion that charging party has not proven his case. more or view all topics or full text.
344002/02/10
1974H American Federation of State, County and Municipal Employees (Owens)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board grants great deference to ALJ's credibility determinations and absent evidence to overturn such determinations defers to the ALJ's findings. Here, the ALJ credited AFSCME’s representatives’ testimony over charging party’s in regards to when charging party received notice that AFSCME did not intend to pursue her grievance further. AFSCME informed charging party that it would not pursue her grievance at the latest on January 16. The statute began to run in January 2006 and expired in July 2006. Charging party did not file the present charge until August 25, 2006. more or view all topics or full text.
3213508/29/08
1942C Fresno County Superior Court * * * OVERRULED IN PART by County of Sacramento (2013) PERB Decision No. 2315-M
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
PERB Regulation 32320 allows the Board to issue its decision based upon the record of the hearing and gives the Board broad discretion in its review of an ALJ’s proposed decision. The Board is free to draw its own conclusions from the record apart from those of the ALJ. more or view all topics or full text.
323801/31/08
1895E Newark Unified School District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
While the Board finds that the proposed decision correctly concluded that health carrier language was negotiable as part of the Compensation Article, the Board will not speculate about the intent or nature of the Association's proposal in reaching that conclusion. more or view all topics or full text.
317803/27/07
1674E Fresno County Office of Education
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Board accords great deference to ALJ’s credibility findings and no evidence in record to support employer’s challenges to these findings. Findings are adopted by the Board. more or view all topics or full text.
2821908/19/04
1388S State of California (Department of Corrections)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Board grants great deference to ALJ's credibility determinations and absent evidence to overturn such determinations defers to to ALJ's findings. more or view all topics or full text.
243110705/25/00
A267S State of California (Department of Personnel Administration) (Fox)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Late filing (one day) will not be excused because good cause is not demonstrated by failure of Board agent to serve dismissal on person "assisting" charging party. Person had not filed a written notice of appearance with Board agent. more or view all topics or full text.
192606103/21/95
A205E Inglewood Unified School District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Pursuant to Regulation 32646(b) and 32370, the Board granted stay of hearing pending Board's decision on District's appeal of ALJ's denial of a motion to dismiss and defer to binding arbitration; p. 2. more or view all topics or full text.
142108303/30/90
1299Sa State of California (Department of Industrial Relations)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
While the Board gives deference to an ALJ's factual findings which incorporate determinations of witness credibility, the Board reviews the record of the cases before it de novo, and has the duty and responsibility to take actions based on that review which it deems appropriate; p. 5. more or view all topics or full text.
233004301/14/99
1282E Southwestern Community College District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
32635 - Board finds no good cause to admit new evidence presented for the first time on appeal where Board agent requested said evidence during investigation of the charge and charging party presented no justification, whatsoever, for its failure to provide the evidence to the Board agent; p. 2, fn. 2. more or view all topics or full text.
222915309/03/98
1278E Long Beach Community College District (California School Employees Association)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Because ALJs sit in a better position to observe the demeanor of witnesses, the Board generally defers to its ALJs' credibility determinations; p. 10. more or view all topics or full text.
222914708/14/98
1271H Regents of the University of California (Federated University Police Officer’s Association)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Alleged newly discovered evidence or new allegations will not be considered on appeal without its proponent showing good cause for the Board to consider it for the first time on appeal. The charging party should have amended its charge and presented this information to the Board agent. (PERB Regulation 32635(b).); p. 2. more or view all topics or full text.
222911406/30/98
1227S State of California (Departments of Personnel Administration and Transportation)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Board declined to disturb credibility determination of ALJ since it is a well-established principle of PERB caselaw that the Board grants great deference to the ALJ's credibility determinations. Absent evidence in the record to support overturning the ALJ's credibility determinations, the Board defers to the ALJ's findings; pp. 8-9. more or view all topics or full text.
222900711/05/97
1133E Los Rios College Federation of Teachers (Deglow)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board grants great deference to the credibility determinations made by its ALJs. By virtue of having witnessed the live testimony the ALJ is in a better position to accurately make such determinations that the Board itself. Where there is no evidence in the record which supports overturning such credibility determinations, the Board will defer to the ALJ's findings; p. 6. more or view all topics or full text.
202702901/19/96
1121E California School Employees Association (Rodriquez)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Where ALJ's credibility determinations are supported by the record, Board will not disturb them; p. 6. more or view all topics or full text.
202700411/07/95
1092E Marin Community College District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Deference given to the ALJ determining the determination of a witness due credibility determinations being based on first hand observation of the witness; p. 9. more or view all topics or full text.
192607003/21/95
1091E Los Angeles Community College District (Mrvichin)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board generally gives deference to ALJ's factual findings that are based on credibility determinations; p. 9. By virtue of having witnessed the live testimony, an ALJ is in a better position than the Board itself to accurately make credibility determinations because the Board only reviews the written transcript of the hearing; p. 10. more or view all topics or full text.
192606903/16/95
1084E San Francisco Community College District Federation of Teachers (Kidd and Hendricks)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
It is unnecessary and inappropriate for the Board to consider Charging Party's arguments which respond to Respondent's statements to the Board agent during the investigation because statement is properly excluded from the Board's record and it was not addressed in the warning and dismissal letters. more or view all topics or full text.
192605202/21/95
1038H Regents of the University of California (Lawrence Livermore National Laboratory)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board will afford deference to the ALJ's findings of fact which incorporate credibility determinations; p. 6. more or view all topics or full text.
182505203/04/94
0910H California State University, San Francisco
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Board generally grants deference to ALJ's determinations on credibility issues, as the ALJ has the opportunity to observe the demeanor of the witnesses, whereas the Board can consider only the cold transcripts. more or view all topics or full text.
152217811/18/91
0885E San Diego Unified School District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board concluded that the ALJ did err in finding sufficient proof of unlawful motive. more or view all topics or full text.
152210306/14/91
0868E Whisman Elementary School District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Where there is no evidence in the record which supports overturning credibility determinations made by ALJ, Board will defer to ALJ's findings in this regard; p. 11, fn. 4. more or view all topics or full text.
152204302/14/91
0841E Temple City Unified School District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Board normally gives deference to the credibility determination of ALJ's because they witnessed the live testimony and are better placed to make accurate determinations. more or view all topics or full text.
142118609/20/90
0838E Yolo County Superintendent of Schools
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Where a credibility determination plays a vital role in a case, although the Board is free to consider the entire record and draw its own conclusions, it will afford deference to the ALJ's findings of fact which incorporate credibility determinations where there is no basis in the transcript to overturn the determination. more or view all topics or full text.
142118009/17/90
0820E Hemet Unified School District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Deference given to ALJ's credibility determinations; p. 12. more or view all topics or full text.
142113206/26/90
0792E Inglewood Unified School District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board generally gives deference to ALJ's factual findings that are based on credibility determinations; p. 3. (Affirmed, Inglewood Teachers Association v. PERB/Inglewood Unified School District (1991) 227 Cal.App.3d 767.) more or view all topics or full text.
142105702/15/90
0789E Beverly Hills Unified School District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Deference given to credibility determinations of ALJs, in recognition that, by virtue of witnessing the live testimony, ALJ's are in a much better position to accurately make such determinations; p. 8. more or view all topics or full text.
142104201/19/90
0764E Cupertino Union School District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
ALJ's credibility findings will not be disturbed on appeal absent evidence that those findings were clearly erroneous; p. 11. more or view all topics or full text.
132019409/14/89
0659E Los Angeles Unified School District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
While Board itself is free to consider the entire record and draw its own conclusions from the evidence presented, it will afford deference to an ALJ's findings of fact which incorporate credibility determinations. Deference is warranted here where one of two dramatically different versions of the same event was credited over the other and where the transcript provides little, if any, basis upon which to depart from the ALJ's conclusion. more or view all topics or full text.
121904903/16/88
0622E Riverside Unified School District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Deference given to ALJ's credibility determinations. more or view all topics or full text.
111810706/11/87
0559H California State University (San Francisco)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Board rejects ALJ's credibility determination based on conflicting testimony where Board found no such conflict. more or view all topics or full text.
101704301/03/86
0554E Morgan Hill Unified School District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Deference given to ALJ's finding that testimony too self-serving and confused to be credible and record provides no reason to disturb that finding. more or view all topics or full text.
101703212/27/85
2490M County of San Joaquin
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Board declined to disturb ALJ’s credibility determinations to resolve conflicting evidence on whether the employer’s managers were aware of an alleged practice of permitting flexible schedules for employees with childcare responsibilities where evidence in the record as a whole supported ALJ’s factual findings and credibility determinations. more or view all topics or full text.
412906/30/16
2486M Service Employees International Union, United Healthcare Workers West (Lacey)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Exceptions asserting factual errors in a proposed decision must state how the error affected the outcome. Where ,even assuming the facts were as alleged by party filing exceptions, it would not alter the result, Board will deny the exception. more or view all topics or full text.
412406/30/16
1945E Journey Charter School * * * VACATED by Journey Charter School (2009) PERB Decision No. 1945a
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board deferred to the ALJ’s finding that a charter school council was aware of a teachers’ union organizing efforts. The finding was based on the ALJ’s credibility determinations and were supported by the record, which contained extensive testimony about the circumstances under which organizing efforts were discussed with Council members and parents. more or view all topics or full text.
324502/28/08
1748E Alum Rock Union Elementary School District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
New allegation on appeal rejected by Board because charging party did not show good cause. more or view all topics or full text.
297302/07/05
1220E Duarte Unified Education Association (Fox)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board grants great deference to the ALJ's credibility determinations because the ALJ, who conducts the hearing, is in a better position to make accurate credibility resolutions; Absent any evidence in the record to support overturning the ALJ's findings; p. 3. more or view all topics or full text.
212816009/26/97
0516H Regents of the University of California (San Francisco Medical Center)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Board defers to ALJ's credibility determination. more or view all topics or full text.
91618708/07/85
0499E Los Rios Community College District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Deference given to ALJ's credibility determinations; ample evidence in the record to support them. more or view all topics or full text.
91610503/21/85
0469E Ravenswood City School District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Board defers to ALJs credibility determinations and assessment of testimonial conflict; p. 2. more or view all topics or full text.
91604012/28/84
0378S State of California (Department of Developmental Services, Napa State Hospital) (Matta)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
While Board will afford deference to ALJ's findings of fact which incorporated credibility determinations, Board is required to consider entire record; p. 2. more or view all topics or full text.
81503902/15/84
0328S State of California (Department of Parks and Recreation) * * * OVERRULED IN PART by County of Santa Clara (2017) PERB Decision No. 2539-M
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
ALJ's credibility determination is supported by record as whole. more or view all topics or full text.
71421107/29/83
0319H Regents of the University of California (California State Employees Association, Chapter 41)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
ALJs conclusion on absence of knowledge of grievance filing is proper. more or view all topics or full text.
71417706/10/83
0267H Regents of the University of California (University of California Los Angeles)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Board will defer to ALJ's determinations with respect to demeanor and credibility of witnesses; p. 7. more or view all topics or full text.
71402112/21/82
0267Ha Regents of the University of California (University of California Los Angeles)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board is not required to grant deference to the hearing officer in instances where the latter has been unable to observe the demeanor and credibility of witnesses; p. 6. more or view all topics or full text.
71415405/17/83
0268S State of California (Department of Transportation)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Although Board will afford deference to ALJ's findings of fact which involve credibility determinations; Board is also required to consider entire record, and is free to draw its own and perhaps contrary inferences from the evidence presented. more or view all topics or full text.
71402212/21/82
0104E Santa Clara Unified School District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Board will give deference to hearing officer's findings of fact which incorporate credibility determinations but remains free to draw own inferences from the evidence; pp. 11-12. more or view all topics or full text.
31012409/26/79
0914E United Teachers of Los Angeles (Keskey)
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Board generally gives deference to ALJ's credibility determinations since they witness the live testimony and are in a much better position to accurately make such determinations; pp. 4-5. When there is no basis for overturning the ALJ's credibility determnations, Board must defer to the ALJ's findings which incorporate such determinations; p. 4. more or view all topics or full text.
162301012/13/91
0060E Santa Clara Unified School District
1107.2000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Hearing officer's credibility determinations should not be disturbed unless clearly erroneous; p. 9. more or view all topics or full text.
2215708/03/78