REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS – In General

Single Topic for Decision 2600M

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The Board ordered the County to process the Union’s certification petition and any future petition the Union may file with respect to Clinic employees, to provide reasonable lists of Clinic employees and associated information, and to cease and desist from enforcing a personnel rule limiting the timeframe during which petitions may be filed by Union. An order to provide such lists is appropriate given that the County has substantially frustrated employee rights by refusing to comply with the Board’s 2009 order and relitigating the extent to which it is an employer of Clinic employees. Board does not issue the more severe remedy—a bargaining order—because it has no basis to conclude that Union attained majority status. In the absence of a bargaining order it is appropriate for the County to provide a list of Clinic employees. While Board cannot undo past delays, this remedy will help to minimize future delays while balancing all competing interests. (p. 44 & fn. 50.)