Decision 0792E – Inglewood Unified School District

LA-CE-2503

Decision Date: February 15, 1990

Decision Type: PERB Decision

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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

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

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

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

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. 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)

Agency 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

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.)