Decision 0619S – State of California (Department of Developmental Services)
S-CE-238-S
Decision Date: April 17, 1987
Decision Type: PERB Decision
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
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
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
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.