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

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Court of Appeal decision did not have preclusive effect because the court analyzed the correctional officers’ right to representation only under NLRB v. J. Weingarten, Inc. (1975) 420 U.S. 251, 256; it did not analyze their rights under the Dills Act and the more expansive highly unusual circumstances test articulated in Redwoods College Dist. v. Public Employment Relations Bd. (1984) 159 Cal.App.3d 617. Accordingly, even if res judicata did apply, PERB would still be empowered to determine whether the officers were entitled to a representative under the Redwoods test. (p. 31.)