REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY – In General

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PARTIALLY VACATED AND PARTIALLY SUPERSEDED ON OTHER GROUNDS BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H.

To remedy an effects bargaining obligation, PERB generally directs the offending respondent to provide make-whole relief from the first date of harm until the earliest of: (1) the date the parties reach an agreement, typically as part of complying with PERB’s effects bargaining order; (2) the date the parties reach a good faith final impasse, including exhaustion of any required or agreed upon post-impasse procedures; or (3) the date the charging party fails to pursue effects negotiations in good faith. (Accelerated Schools, supra, PERB Decision No. 2855, pp. 19-20.) Such make-whole relief should normally cover harm that the respondent’s violation(s) materially caused to both employees and to a charging party union. The Board therefore amended the proposed make-whole order to reimburse the faculty association for wasted/diverted resources or other harm it can prove materially resulted from the proven violations. (p. 31.)