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

Single Topic for Decision 2140H

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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. Although the Board agent’s dismissal of an allegation based on the allegation having been dismissed as part of another unfair practice charge was no longer supported by PERB case law following Grossmont Union High School District (2010) PERB Decision No. 2126, the Board affirmed dismissal of the allegation because it did not state a violation of HEERA under any viable theory.