CASE PROCESSING PROCEDURES; COMPLAINT – Concurrent or Derivative Violations

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1103.12000 – Concurrent or Derivative Violations

If a charge or complaint alleges interference based upon the same conduct giving rise to another claim, the interference claim is independent if it can be established without the other claim being established. (County of San Joaquin (2021) PERB Decision No. 2761-M, p. 18 [judicial appeal pending].) In contrast, if it is impossible to establish interference without establishing the other claim, then the interference claim is a derivative one. (Ibid.; County of Santa Clara (2021) PERB Order No. Ad-485-M, p. 9.) In cases in which a charging party accuses an employer of providing too little information to allow meaningful representation, interference with representational rights is independent, as it can be established even in the absence of bad faith bargaining or any other violation. (p. 10.)