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

Single Topic for Decision A387M

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In ruling on election objections, PERB’s inquiry is whether the employer’s conduct interfered with employees’ right to choose a representative. An election will be set aside only when the conduct actually affects, or has a natural or probable effect on, employee free choice. Because the regional director’s administrative determination dismissing election objections addressed only the free choice inquiry, and did not rule on whether the employer’s alleged conduct constituted an unfair practice, the determination had no preclusive effect on a pending unfair practice charge alleging the same conduct by the employer.