Decision 0534H – Regents of the University of California (Berkeley)
SF-CE-46-H
Decision Date: November 4, 1985
Decision Type: PERB Decision
Perc Vol: 9
Perc Index: 16239
Decision Headnotes
104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
104.03000 – Conclusiveness of Prior Determination by Federal Agencies, Other State Agencies or Courts
104.03000 – Conclusiveness of Prior Determination by Federal Agencies, Other State Agencies or Courts
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.
1405.00000 – GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA
1405.02000 – Type or Nature of Prior Proceeding
1405.02000 – 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.
501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case
501.01000 – In General; Elements of Prima Facie Case
No prima facie case shown where most of protected activity not even proximate in time to dismissal and where no showing of unlawful motive.
501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.02000 – Burden of Proof; Evidence
501.02000 – Burden of Proof; Evidence
Union fails to meet its burden of proof where union and employees rights are not significantly infringed upon and balance tips in favor of employer.