PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes

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Where PERB and a superior court have concurrent jurisdiction and a court stays litigation to allow PERB’s adjudication to proceed first, there remains the possibility that the stayed superior court action may proceed after the PERB matter is complete. (Fresno Unified School Dist. v. National Education Assn. (1981) 125 Cal.App.3d 259, 274.) The PERB resolution may or may not impact the outcome of any such later superior court litigation, depending on the circumstances. For instance, collateral estoppel normally applies to common issues (if any) already litigated before PERB. (See Noble v. Draper (2008) 160 Cal.App.4th 1, 10 [standard issue preclusion and claim preclusion principles apply when parties to a judicial matter have previously litigated before an administrative agency].) Moreover, even when certain elements of the collateral estoppel test are not satisfied, courts typically defer to PERB’s conclusions on labor relations issues within its expertise. (See Public Employment Relations Bd. v. Modesto City School Dist. (1983) 136 Cal.App.3d 881, 894 [noting “the importance of deferring to the expertise of PERB in appropriate circumstances”].) (p. 8.)