Decision 0993H – Regents of the University of California (San Francisco Interns and Residents Association/California Association of Interns and Residents/Service Employees International Union)

While the doctrine of res judicata is not applicable and therefore does not bind the parties to the earlier holding, the Board previous unit determination decision is certainly persuasive and entitled to great weight; p. 8, proposed dec. Previous unit determinations are binding only to the extent that circumstances and Board precedent remain the same; p. 8, proposed dec. In order to rebut the presumption of a systemwide unit, the petitioner must demonstrate by a preponderance of the evidence that a systemwide unit is inconsistent with the statutory unit criteria or the purposes of the HEERA; p. 9, proposed dec.

While the doctrine of res judicata is not applicable and therefore does not bind the parties to the earlier holding, the Board's previous unit determination decision is certainly persuasive and entitled to great weight; p. 8, proposed dec. Previous unit determinations are binding only to the extent that circumstances and Board precedent remain the same; p. 8, proposed dec.