CASE PROCESSING PROCEDURES; COMPLAINT – Concurrent or Derivative Violations
Single Topic for Decision 2761M
View all topics for Decision 2761M
Full Decision Text (click on the link to view): Full Text
1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.12000 – Concurrent or Derivative Violations
1103.12000 – Concurrent or Derivative Violations
Where a complaint alleges interference based upon the same conduct giving rise to another claim, the interference claim is independent rather than derivative if the interference claim can be established without the other claim being established. (County of Santa Clara (2021) PERB Order No. Ad-485-M, p. 9.) In a case involving a post-strike furlough resulting from a replacement contract containing a minimum shift guarantee, an independent interference claim is cognizable.