CASE PROCESSING PROCEDURES; EVIDENCE – Background Evidence and Matters Not Alleged

Single Topic for Decision 2517C

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* * * VACATED IN PART ON OTHER GROUNDS by Fresno County Superior Court (2019) PERB Decision No. 2517a-C. * * *

Because the record include exhibits and extensive testimony from both parties’ witnesses on the Court’s prohibition against distributing literature “at any time for any purpose in working areas,” the Board found that the issue was fully litigated for purposes of the unalleged violations doctrine. (pp. 16-20.) For the purpose of the unalleged violations doctrine, a matter has been fully litigated when both parties have presented evidence on the issue. (p. 16.)