GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA – Type or Nature of Prior Proceeding
Single Topic for Decision 2126E
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1405.02000 – Type or Nature of Prior Proceeding
A dismissal of an unfair practice charge based solely on a Board agent’s charge investigation does not have collateral estoppel effect in later PERB proceedings. Because the purpose of the investigation is not to decide the merits of a case but merely to determine whether a prima facie case is established, the investigation does not satisfy the “actually litigated” requirement for collateral estoppel. City of Porterville (2007) PERB Decision No. 1905-M overruled in part.