Wash. Court of Appeals published opinion — D2 49631-3-II Published Order.pdf

Citation: Wash. Court of Appeals published opinion — D2 49631-3-II Published Order.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/D2%2049631-3-II%20Published%20Order.pdf ↗

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D. WORKING AN INJUSTICE
Billings argues that the application of collateral estoppel to bar his claims would work an

injustice against him because he would be denied a right to a trial by jury on his claims. He argues

that he was not provided notice that an arbitration decision would have a preclusive effect on his

right to privately pursue his claims outside the CBA. Billings also argues that he was not informed

that the arbitration could have a preclusive effect, he was not allowed to raise issues of

discriminatory hiring and waste, and the union was poorly funded.

“The injustice component is generally concerned with procedural, not substantive

irregularity.” Christensen, 152 Wn.2d at 309. “This is consistent with the requirement that the

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In addition, three unpublished cases from this court explicitly state that an arbitration award is a
final judgment on the merits. We find their reasoning persuasive. Leibsohn Prop. Advisors Inc.
v. Colliers Int’l Realty Advisors (USA), Inc., No. 69445-6-I (Wash. Ct. App. Oct. 28, 2013)
(unpublished), https://www.courts.wa.gov/opinions/pdf/694456.pdf; Gear Athletics LLC v.
Engstrom Properties LLC, noted at 163 Wn. App. 1017 (2011); Scheer–Erickson v. Haines, noted
at 120 Wn. App. 1042 (2004) (citing RCW 7.04.210 (repealed); Dunlap v. Wild, 22 Wn. App. 583,
591, 591 P.2d 834 (1979)).

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
49631-3-II

party against whom the doctrine is asserted must have had a full and fair opportunity to litigate the

issue in the first forum.” Christensen, 152 Wn.2d at 309. It may be improper for collateral estoppel

to preclude an issue where the issue is first determined after an informal, expedited hearing with