Rininger v. Bennett County School District

I dissent. The Department, in direct contravention of settled law, placed the burden of proof on the nonmoving party, the District.

Rininger commenced this unfair labor practice action against District. It was, therefore, his burden to prove that District violated, misinterpreted, or inequitably applied District’s written policies in failing to reemploy him. The issue centered around conflicting testimony of Rininger and District’s superintendent, Mr. Gannon. The hearing officer found “no inconsistency that would make Rininger more credible than Gannon, or vice versa.” Rather than finding that…