Decision 0838E – Yolo County Superintendent of Schools

Attempt by one negotiating party to dictate to the other who the members of their negotiating team may be is a per se violation.

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.

Board denied motion to reopen record where evidence sought to be entered concerned the authenticity of a document and the credibility of the proffered author of the document where that individual testified at the hearing and there was an opportunity for both parties to examine and cross-examine her. This is not newly discovered evidence which could not have beeen obtained with reasonable diligence.

The evidence proffered is not newly discovered because requesting party had adequate opportunity at the hearing to examine the witness and offer additional evidence as to the witness' credibility.

Complaint alleging an interfenence violation cannot be construed as a discrimination violation. Board will entertain an unalleged violation where it is intimately related to complaint, conduct in question part of the same course of conduct, it was fully litigated, and parties had an opportunity to examine and cross-examine. Respondent must be given adequate notice and opportunity to defend.

Motive may be shown by direct evidence or circumstantial evidence involving factors other than those enumerated in Novato.