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What is the Term That Prevents New Evidence From Being Considered?

What is the Term That Prevents New Evidence From Being Considered?

Full question:

I know that for a grievance case where the union is being charged with wrong doing the following applies: 'in assessing the evidence, proof of conduct that occurred more than six months before the filing of the charge may be considered in determining if the union violated the law within the six month period'. My question there must be something that states that once the grievance has been decided no more evidence can be considered. What would that be called or what would be a case that could be referenced? The word that comes to me is jeopardy but I do not know if that is correct. Please do not send this to anyone who works for or is paid by a union.

Category: Civil Actions
Date: 04/07/2025
State: Florida

Answer:

Res judicata is a Latin term meaning "a thing decided". It is a common law doctrine meant to prevent relitigation of cases between the same parties regarding the same issues and preserve the binding nature of the court's decision. Once a final judgment has been reached in a lawsuit, subsequent judges who are presented with a suit that is identical to or substantially the same as the earlier one will apply the doctrine of res judicata to uphold the effect of the first judgment.
Res judicata does not prevent appeals to a higher court and there are limited exceptions to res judicata that allow a party to attack the validity of the original judgment in the same court. These exceptions--usually called collateral attacks--are typically based on procedural or jurisdictional issues, based on the lack of a court's authority or jurisdiction to issue the judgment.

Issue estoppel refers to an issue that has previously been litigated and determined between the same parties or their predecessors in title. The issue must be an essential element of the claim or defense in both proceedings.

Issue estoppel arises when a particular issue forming a necessary ingredient in a cause of action has been litigated and decided, and the same issue is raised in a subsequent proceeding between the same parties involving a different cause of action to which the same issue is relevant and one of the parties seeks to reopen the issue.

Res judicata and issue estoppel are different. Under res judicata, a final judgment on the merits of an action precludes the parties or their privies from relitigating issues that were or could have been raised in that action. However, under issue estoppel, once a court has decided an issue of fact or law necessary to its judgment, that decision may preclude relitigation of the issue in a suit on a different cause of action involving a party to the first case.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens when someone files a grievance against you?

When someone files a grievance against you, it initiates a formal complaint process, typically within a workplace or union context. The grievance outlines specific issues or violations, and an investigation follows. You may need to respond to the grievance, and a hearing or meeting might be held to discuss the matter. Ultimately, a decision will be made regarding the grievance, which can impact your employment or relationship with the union. It's important to understand your rights and any procedures outlined in your workplace policies or union agreements.

What is an unfair labor practice charge against a union?

An unfair labor practice charge against a union occurs when an individual or employer believes the union has violated labor laws. This can include actions like failing to represent members fairly or engaging in discriminatory practices. Such charges are filed with the National Labor Relations Board (NLRB), which investigates the claims. If the NLRB finds merit in the charge, it may lead to a hearing and potential remedies to address the violation.

What is the 6 month statute of limitations for NLRB?

The six-month statute of limitations for the National Labor Relations Board (NLRB) refers to the time frame within which individuals must file unfair labor practice charges. This period begins from the date of the alleged violation. If a charge is not filed within six months, it may be dismissed as untimely. This limitation encourages prompt reporting of unfair labor practices to ensure timely resolution and enforcement of labor rights.

What happens if a union files a grievance against you?

If a union files a grievance against you, it typically means the union believes you have violated a collective bargaining agreement or engaged in misconduct. The grievance process will follow established procedures, which may include meetings and hearings. You will have the opportunity to respond to the allegations. The outcome can lead to various consequences, including disciplinary action or changes in your employment status, depending on the severity of the grievance.

What happens when a union employee files a grievance?

When a union employee files a grievance, they formally report an issue regarding workplace conditions, contract violations, or unfair treatment. The union then investigates the grievance, representing the employee's interests. This process may involve discussions with management, hearings, or negotiations. The goal is to resolve the issue amicably, but if unresolved, it may escalate to arbitration or other legal proceedings, depending on the union's policies and the nature of the grievance.