CASE PROCESSING PROCEDURES; COMPLAINT – Concurrent or Derivative Violations
Single Topic for Decision 2761M
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1103.12000 – Concurrent or Derivative Violations
Where conduct set forth in earlier complaint paragraphs could constitute a violation irrespective of motive, the phrase “this conduct also interfered” does not limit a charging party to litigating only a derivative interference theory. The Board partially overruled County of Santa Clara (2017) PERB Decision No. 2539-M, to the extent it can be read to suggest that “this conduct” always refers only to the immediately preceding paragraph of the complaint rather than to the underlying conduct set forth in earlier complaint paragraphs. PERB precedent, as properly construed, does not impose the artificial, deleterious obstacles that the concurrence discerned in County of Santa Clara, supra, PERB Decision No. 2539-M.