GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA – In General
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1405.00000 – GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA
1405.01000 – In General
1405.01000 – In General
Court of Appeal decision involving an anti-SLAPP motion in a related state court action did not collaterally estop the Board from deciding whether correctional officers were entitled to representation under NLRB v. J. Weingarten, Inc. (1975) 420 U.S. 251, 256. In anti-SLAPP motions, the factual record is inherently limited because the filing of a notice of motion immediately suspends all discovery in the action, absent a court order. Accordingly, the union could not have fully litigated the Weingarten issue to the extent it did before PERB. (p. 32.)