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

View Full Text (PDF)

Perc Vol: 14
Perc Index: 21217

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
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.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
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.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
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.

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
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.

1405.00000 – GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA
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.

1407.00000 – GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION
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.