GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA – In General

Single Topic for Decision 0459S

View all topics for Decision 0459S

Full Decision Text (click on the link to view): Full Text

PERB not obligated to defer to SPB decision [where collateral estoppel not required]. SPB holding that discipline warranted does not preclude contrary PERB decision. Although SPB found employee engaged in proscribed conduct for which he disciplined, PERB in mixed motive case finds that employee would not have been disciplined but for his union activity. (See also PERB Decision No. 805b-H, review denied.)