Decision A132E – Los Angeles Unified School District/Lynwood Unified School District

LA-R-835, 858

Decision Date: August 27, 1982

Decision Type: PERB Decision

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Perc Vol: 6
Perc Index: 13198

Decision Headnotes

1405.00000 – GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA
1405.02000 – Type or Nature of Prior Proceeding

Litigation of whether two locals of a labor union are the "same" organization under section 3545(b)(2) is not barred by principle of collateral estoppel. Even where the party is the same and the issue was previously litigated, the rule is inapplicable. When the issue is a question of law rather than fact, the prior determination is not conclusive either if injustice would result or the public interest requires that relitigation not be foreclosed.