GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA – Type or Nature of Prior Proceeding
Single Topic for Decision A132E
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1405.02000 – Type or Nature of Prior Proceeding
Litigation of whether two locals of a labor union are the "same" organization under section 3545(b)(2) is not barred by principle of collateral estoppel. Even where the party is the same and the issue was previously litigated, the rule is inapplicable. When the issue is a question of law rather than fact, the prior determination is not conclusive either if injustice would result or the public interest requires that relitigation not be foreclosed.