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

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* * * OVERRULED IN PART by Grossmont Union High School District (2010) PERB Decision No. 2126, where the Board held that the Board agent’s dismissal of identical allegations in a separate unfair practice charge does not meet the “actually litigated” requirement for collateral estoppel. * * *

Res judicata barred the addition of a claim (not alleged in the complaint) during the hearing where the same incident formed the basis of a prior unfair practice charge alleging the same cause of action on the same facts, which was dismissed by the Board agent, and the prior dismissal was not appealed.