EMPLOYER DISCRIMINATION; PERSONS PROTECTED – In General

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PERB precedent recognizes that a union may pursue a charge challenging employer conduct that tends to harm employee rights even when that conduct is directed at an individual who lacks the right to file a charge, such as a non-covered supervisor or manager. (State of California (Department of Consumer Affairs) (2004) PERB Decision No. 1711-S, pp. 18-19.) This principle—that an unfair practice charge does not necessarily turn on the status of the individual against whom conduct is directed—further supports the conclusion that there is no categorical bar on challenges to adverse actions occurring after an employee’s separation. (p. 5, fn. 3.)