EMPLOYER DISCRIMINATION; PERSONS PROTECTED – In General

Single Topic for Decision 3018E

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The Board partially overruled California Union of Safety Employees (Trevisanut, et al.) (1993) PERB Decision No. 1029-S, Monterey Peninsula Community College District (2002) PERB Decision No. 1492, San Francisco Unified School District (2009) PERB Decision No. 2000, and similar decisions to the extent they can be interpreted as categorically barring all charging party employees from challenging any conduct occurring after separation from employment. This change does not alter any statutory provision identifying which individuals and entities can file a charge; rather, it resolves a latent tension in PERB’s precedent by clarifying employees’ right to challenge post-separation conduct that is integrally tied to the employment relationship. (pp. 5-6.)