GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA – Type or Nature of Prior Proceeding
Single Topic for Decision 2231Ma
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1405.02000 – Type or Nature of Prior Proceeding
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.