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

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The Board accepted an arbitrator’s relevant factual findings as true, where the arbitration decision was final and the parties to the arbitration were the same as in the matter before PERB. (Code Civ. Proc., § 1287.6 [“An award that has not been confirmed or vacated has the same force and effect as a contract in writing between the parties to the arbitration”]; see also JPV I L.P. v. Koetting (2023) 88 Cal.App.5th 172, 192 [collecting cases on collateral estoppel effect of arbitration decisions]; State of California (Correctional Health Care Services) (2024) PERB Decision No. 2888-S, pp. 23-28 [discussing PERB’s application of collateral estoppel].) (pp. 4-5.)