Decision 0805Hb – Trustees of the California State University (Statewide University Police Association)
S-CE-32-33-H
Decision Date: November 14, 1990
Decision Type: PERB Decision
Perc Vol: 14
Perc Index: 21217
Decision Headnotes
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
Plain language of HEERA section 3563.2 provides PERB has initial exclusive jurisdiction over unfair practices; pp. 7-8, fn. 9.
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes
Where PERB issues a decision which conflicts with an earlier SPB decision issued while acting in its statutory capacity in connection with employee disciplinary matters, PERB not required to apply collateral estoppel doctrine; pp. 3-11. Where a matter before the SPB arguably involves an unfair practice it is incumbent upon the SPB to stay its proceedings until remedies before PERB have been exhausted.
102.04000 – Preemption
Where PERB issues a decision which conflicts with an earlier SPB decision issued while acting in its statutory capacity in connection with employee disciplinary matters, PERB not required to apply collateral estoppel doctrine; pp. 3-11.
104.03000 – Conclusiveness of Prior Determination by Federal Agencies, Other State Agencies or Courts
Where PERB issues a decision which conflicts with an earlier SPB decision issued while acting in its statutory capacity in connection with employee disciplinary matters, PERB not required to apply collateral estoppel doctrine; pp. 3-11.
1405.01000 – In General
Where PERB issues a decision which conflicts with an earlier SPB decision issued while acting in its statutory capacity in connection with employee disciplinary matters, PERB not required to apply collateral estoppel doctrine; pp. 3-11.
1407.01000 – General Principles
Plain language of HEERA section 3563.2 provides PERB has initial, exclusive jurisdiction over unfair practices; pp. 7-8, fn. 9.