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

Single Topic for Decision 1104S


View all topics for Decision 1104S

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

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

Collateral estoppel is applicable to decisions of administrative agencies when: (1) the agency is acting in a judicial capacity; (2) it resolves disputed issues of fact properly before it; and (3) the parties have had an adequate opportunity to litigate the disputed issues. Collateral estoppel inappropriate when the issues litigated before the SPB are not identical to the issues litigated before PERB; p. 4.