All notes for Subtopic 1405.02000 – Type or Nature of Prior Proceeding

DecisionDescriptionPERC Vol.PERC IndexDate
2231Ma Stanislaus Consolidated Fire Protection District
1405.2000: GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA; Type or Nature of Prior Proceeding
The Board rejected respondent’s argument that principles of collateral estoppel barred “relitigation” of issues decided by an arbitrator relating to the Union Time Bank because issues of discrimination/retaliation and interference in PERB proceeding do not involve same dispute as issue of contract violation in arbitration proceeding; moreover, even assuming the issues were identical, PERB is not obligated to give collateral estoppel effect to a decision by an arbitrator. more or view all topics or full text.
3618505/23/12
2126E Grossmont Union High School District
1405.2000: GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA; Type or Nature of Prior Proceeding
A dismissal of an unfair practice charge based solely on a Board agent’s charge investigation does not have collateral estoppel effect in later PERB proceedings. Because the purpose of the investigation is not to decide the merits of a case but merely to determine whether a prima facie case is established, the investigation does not satisfy the “actually litigated” requirement for collateral estoppel. City of Porterville (2007) PERB Decision No. 1905-M overruled in part. more or view all topics or full text.
3412108/13/10
1949H Trustees of the California State University
1405.2000: GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA; Type or Nature of Prior Proceeding
Judicial estoppel applies to prevent a party from asserting to a California Superior Court that a judgment has been satisfied and later complaining to PERB that the satisfaction of judgment did not comply with the order of the arbitrator. more or view all topics or full text.
325903/24/08
1649M County of San Joaquin (Health Care Services)
1405.2000: GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA; Type or Nature of Prior Proceeding
Board may take notice of prior decision involving same parties. However, each separate unfair practice complaint must be decided on the merit of its own record. more or view all topics or full text.
2818706/29/04

1405.2000: GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA; Type or Nature of Prior Proceeding
Determination that imposition of $5 monthly parking fees not trivial and therefore subject to meet and confer by employee relations board created by the employee relations ordinance enacted by city pursuant to the MMBA is final and binding upon respondent city and upon the superior court if no review of determination pursuant to Code of Civil Procedure section 1094.5 is sought as ordinance called for final resolution of disputes, not advisory opinions. more or view all topics or full text.
A132E Los Angeles Unified School District/Lynwood Unified School District
1405.2000: GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA; 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. more or view all topics or full text.
61319808/27/82
1185E Healdsburg Union High School District
1405.2000: GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA; Type or Nature of Prior Proceeding
Where District both presided over the disciplinary hearing and acted as a party to the action, disciplinary hearing lacked judicial character and the doctrine of collateral estoppel does not apply; p. 51, proposed dec. more or view all topics or full text.
212805502/24/97
1111E Los Rios College Federation of Teachers (Sander)
1405.2000: GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA; Type or Nature of Prior Proceeding
Collateral estoppel bars relitigation of longevity pay grievance that was already decided in a prior PERB proceeding under application of 3-part test for collateral estoppel (citation); p. 20, proposed dec. more or view all topics or full text.
192611107/21/95
1080S State of California (Department of Youth Authority) (Janowicz)
1405.2000: GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA; Type or Nature of Prior Proceeding
Granting of motion for summary judgement is a final determination on the merits; p. 17, proposed dec. more or view all topics or full text.
192603801/12/95
0885E San Diego Unified School District
1405.2000: GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA; Type or Nature of Prior Proceeding
Merit System Hearing Officer's decision not given collateral estoppel where issue before the Board was unlawful discrimination and neither the transcript of the merit system proceeding nor the decision of the Merit System Hearing Officer reflect that the issue of retaliation for protected activities was fully litigated at that hearing. Also, since the ambiguity of the rules of the merit system in issue, as to whether the defense of retaliation for EERA protected activities COULD be raised in a dismissal proceeding, supports a conclusion that collateral estoppel should not apply to bar litigation of that issue before PERB on the ground it COULD have been raised; p. 40. Board notes that a verbatim record of the proceedings is a factor in determining the "judicial character" of the prior proceeding. more or view all topics or full text.
152210306/14/91
0581E Antioch Unified School District
1405.2000: GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA; Type or Nature of Prior Proceeding
Factual findings by ALJ in related proceeding which were not appealed to Board are binding. more or view all topics or full text.
101713706/30/86
0532S Association of Staff, Administrative and Financial Employees/California State Employees Association/State of California (Department of Personnel Administration)
1405.2000: GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA; Type or Nature of Prior Proceeding
Regulation No. 32770 - decertification petition dismissed - inadequate showing of support; Board rejects limiting number of unit members based on "temporary/intermittent" status. more or view all topics or full text.
91623610/30/85
0534H Regents of the University of California (Berkeley)
1405.2000: GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA; Type or Nature of Prior Proceeding
Arbitrator's decision not given collateral estoppel effect where issue before the Board was unlawful interference and that before the arbitrator was just cause for dismissal. more or view all topics or full text.
91623911/04/85