All notes for Subtopic 1405.02000 – Type or Nature of Prior Proceeding
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2231Ma | Stanislaus Consolidated Fire Protection District 1405.02000: 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. | 36 | 185 | 05/23/12 |
| 2126E | Grossmont Union High School District 1405.02000: 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. | 34 | 121 | 08/13/10 |
| 1949H | Trustees of the California State University 1405.02000: 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. | 32 | 59 | 03/24/08 |
| 1649M | County of San Joaquin (Health Care Services) 1405.02000: 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. | 28 | 187 | 06/29/04 |
| A132E | Los Angeles Unified School District/Lynwood Unified School District 1405.02000: 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. | 6 | 13198 | 08/27/82 |
| 1185E | Healdsburg Union High School District 1405.02000: 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. | 21 | 28055 | 02/24/97 |
| 1111E | Los Rios College Federation of Teachers (Sander) 1405.02000: 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. | 19 | 26111 | 07/21/95 |
| 1080S | State of California (Department of Youth Authority) (Janowicz) 1405.02000: 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. | 19 | 26038 | 01/12/95 |
| 0885E | San Diego Unified School District 1405.02000: 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. | 15 | 22103 | 06/14/91 |
| 0581E | Antioch Unified School District 1405.02000: 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. | 10 | 17137 | 06/30/86 |
| 0534H | Regents of the University of California (Berkeley) 1405.02000: 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. | 9 | 16239 | 11/04/85 |