CASE PROCESSING PROCEDURES; CHARGE – Standing

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A categorical bar against charges by a former employee that challenge post-separation conduct would undercut fundamental labor law principles, such as: (1) it is unlawful to retaliate against or interfere with the right to use PERB processes (see Trustees of the California State University (East Bay) (2014) PERB Decision No. 2391-H, p. 39 [remedying discrimination for using PERB processes is “critical” to PERB’s “function of preserving those processes from abuse”]); and (2) even when an employer has cause to issue discipline, it may not prospectively bar employees from communicating with one another about such discipline or other employment matters. (Claremont Unified School District (2019) PERB Decision No. 2654, p. 11 & p.18, fn. 15 [noting that California’s public sector labor relations laws contain “no more fundamental right” than the right to communicate with coworkers, and finding employer acted unlawfully when, after issuing employee a notice of notice of intent to dismiss, it barred employee from contacting coworkers].) (pp. 4-5.)