Decision 0619S – State of California (Department of Developmental Services)

S-CE-238-S

Decision Date: April 17, 1987

Decision Type: PERB Decision

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Perc Vol: 11
Perc Index: 18085

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

Termination upheld by State Personnel Board given collateral estoppel effect by PERB where SPB took evidence and ruled upon identical issue before PERB.

1405.00000 – GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA
1405.01000 – In General

Termination upheld by State Personnel Board given collateral estoppel effect by PERB where SPB took evidence and ruled upon identical issue before PERB. (But see PERB Decision No. 805b-H, review denied.)

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.07000 – Discharge; Layoffs; Constructive Discharge; Rejection During Probation

While union proved protected conduct, it failed to prove link between conduct and termination; p. 24, proposed dec.