The plaintiff?s union filed an unfair labor practice with the Public Employment Relations Committee (PERC) alleging discrimination for union activities. ?PERC held a hearing and dismissed the union?s complaint. ?The employee later filed a suit for wrongful termination in violation of public policy based on union activities. ?The Superior Court dismissed on the basis of collateral estoppel. ?The court of appeals reversed and the Supreme Court granted review.?? Writing for a majority of six, Justice Madsen found that collateral estoppel applied to the PERC?s determination of the union?s complaint. ?Justice Sanders? dissent is most notable for its paean to the right of trial by jury in Washington.?? Let?s hope he gets two more votes in the arbitration cases.? ?Christensen v. Grant County Hosp. District No. 1., (No. 73772-0; 08/26/04).
Collateral Estoppel Applies to PERC Hearings
Aug 26, 2004