PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD – Conclusiveness of Prior Determination by Federal Agencies, Other State Agencies or Courts

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104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
104.03000 – Conclusiveness of Prior Determination by Federal Agencies, Other State Agencies or Courts

Doctrine of res judicata involves two general concepts: "claim preclusion" is the primary aspect of res judicata and collateral estoppel is the second aspect and refers to "issue preclusion." Under issue preclusion a prior judgment operates as an estoppel or conclusive adjudication as to the issues in the second action which were actually litigated and determined in the first action; pp. 5-6, fn. 3. Res judicata applies in administrative hearings to decisions of an administrative agency made pursuant to its quasi-judicial functions; p. 6. Res judicata is an affirmative defense and may be waived if not properly raised; p. 6. While there are many instances in which the function of SPB and PERB may be in conflict, the Board split over whether such conflict is While there are many instances in which the function of SPB and PERB may be in conflict, the Board split over whether such conflict is