CASE PROCESSING PROCEDURES; COMPLAINT – Concurrent or Derivative Violations

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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.