Decision 0792E – Inglewood Unified School District * * * OVERRULED IN PART by Alliance Marc & Eva Stern Math & Science High School, et al. (2021) PERB Decision No. 2795 * * *

LA-CE-2503

Decision Date: February 15, 1990

Decision Type: PERB Decision

* * * OVERRULED IN PART by Alliance Marc & Eva Stern Math & Science High School, et al. (2021) PERB Decision No. 2795 * * *

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Perc Vol: 14
Perc Index: 21057

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions

* * * OVERRULED IN PART ON OTHER GROUNDS by Alliance Marc & Eva Stern Math & Science High School et al. (2021) PERB Decision No. 2795. * * *

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.)

1104.00000 – CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ
1104.02000 – Motions

* * * OVERRULED IN PART ON OTHER GROUNDS by Alliance Marc & Eva Stern Math & Science High School et al. (2021) PERB Decision No. 2795. * * *

Board affirmed ALJ's granting of motion to amend where new theory based on same set of facts as alleged in original complaint where no prejudice demonstrated; pp. 6-7. (Affirmed, Inglewood Teachers Association v. PERB/Inglewood Unified School District (1991) 227 Cal.App.3d 767.)

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.04000 – Amendments

* * * OVERRULED IN PART ON OTHER GROUNDS by Alliance Marc & Eva Stern Math & Science High School et al. (2021) PERB Decision No. 2795. * * *

Board affirmed ALJ's granting of motion to amend where new theory based on same set of facts as alleged in original complaint where no prejudice demonstrated. (Affirmed, Inglewood Teachers Association v. PERB/Inglewood Unified School District (1991) 227 Cal.App.3d 767.)

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.01000 – In General

* * * OVERRULED IN PART ON OTHER GROUNDS by Alliance Marc & Eva Stern Math & Science High School et al. (2021) PERB Decision No. 2795. * * *

Per PERB Regulation 32648, Board affirmed ALJ's granting of motion to amend where new theory based on same set of facts as alleged in original complaint and where no prejudice demonstrated.

PER PERB Regulation 32178, the burden of proof in unfair labor practice cases is preponderance of the evidence; p. 19. (Affirmed, Inglewood Teachers Association v. PERB/Inglewood Unified School District.)

201.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?
201.02000 – Agents (See also 1400)

* * * OVERRULED IN PART by Alliance Marc & Eva Stern Math & Science High School et al. (2021) PERB Decision No. 2795, where the Board held that to prove apparent authority a party need not show justifiable reliance on a principal’s representation of agency and a corresponding change in position by the relying party. * * *

The burden of proving agency is on the party asserting its existence; p. 19. Although school principal was actual agent, Association did not prove by a preponderance of the evidence that he was acting within the scope of his authority when he filed a civil lawsuit; p. 19. The record evidence did not justify finding of either express or ostensible/apparent authority to file the civil lawsuit. The fact that a complaint was sent through District mail was insufficient to establish agency where that was the entire extent of the District's involvement in the lawsuit; p. 20. The Association failed to prove the District had knowledge of the lawsuit, which knowledge was essential to a finding that the District ratified or condoned the filing; p. 21. lawsuit, which knowledge was essential to a finding that the District ratified or condoned the filing; p. 21. concerning the principal's filing of a civil lawsuit be sufficient to confer ostensible authority. The doctrine of respondent superior is inapplicable in the labor law context; p. 25. (Appeal pending Inglewood Teachers Association v. PERB/Inglewood Unified School District, 2nd DCA/Div. 7, Case No. B048803)

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

* * * OVERRULED IN PART ON OTHER GROUNDS by Alliance Marc & Eva Stern Math & Science High School et al. (2021) PERB Decision No. 2795. * * *

The burden of proof in unfair labor practice cases is preponderance of the evidence; p. 19. The burden of proving agency is on the party asserting its existence; p. 19. (Affirmed, Inglewood Teachers Association v. PERB/Inglewood Unified School District (1991) 227 Cal.App.3d 767.)