EMPLOYER DISCRIMINATION; PERSONS PROTECTED – In General

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An employee’s post separation allegations against an employer or a union are actionable if they are integrally tied to the employment relationship and satisfy all other substantive and procedural requirements. For an employee’s charge against an employer, “integrally tied” normally requires that the post-separation conduct arise directly from the employment relationship or its termination. (See, e.g., Hartnell Community College District (2015) PERB Decision No. 2452, pp. 30-33.) When the respondent is a union, “integrally tied” normally requires that the post-separation conduct directly involve the union’s acts or omissions in a matter in which it owes the employee a duty of fair representation. (See, e.g., Service Employees International Union United Healthcare Workers West (Lacy) (2016) PERB Decision No. 2486-M, adopting proposed decision at pp. 4-7.) (pp. 4-5.)