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

Single Topic for Decision 2231Ma

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The Board rejected respondent’s argument that principles of collateral estoppel barred “relitigation” of issues decided by an arbitrator relating to the Union Time Bank because issues of discrimination/retaliation and interference in PERB proceeding do not involve same dispute as issue of contract violation in arbitration proceeding; moreover, even assuming the issues were identical, PERB is not obligated to give collateral estoppel effect to a decision by an arbitrator.