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. In contrast, if it is impossible to establish interference without establishing the other claim, then the interference claim is a derivative one. Interference can be either an independent violation or derivative of another violation, depending upon whether the facts at issue permit a charging party to establish interference without establishing any other violation. When a complaint alleges both interference and retaliation based on the same set of facts, and PERB sustains a retaliation finding, it will also at least find derivative interference. While retaliation claims may be accompanied by derivative interference claims, where properly pled the same underlying facts may also support an independent interference claim. (p. 26.)