GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA – Type or Nature of Prior Proceeding

Single Topic for Decision 2126E


View all topics for Decision 2126E

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

1405.00000 – GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA
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.