All notes for Subtopic 1203.01000 – In General
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2876M | * * * JUDICIAL APPEAL PENDING * * * County of Santa Clara 1203.01000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General A failure to comply with bargaining obligations during an emergency can warrant an order to bargain, make-whole relief, rescission of changes, a cease-and-desist order, and a notice-posting order, among other remedies. (Imperial Irrigation District (2023) PERB Decision No. 2861-M, pp. 64-69.) (pp. 37-38.) more or view all topics or full text. | 48 | 66 | 10/17/23 |
| 2799M | County of Santa Clara 1203.01000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General Where County found to have failed to meet and confer over safety, workload and the consequences to Association-represented employees found to have misused County surveillance technology, the Board directed the County to: (1) meet and confer, upon request, over all three of the ordinance’s effects; (2) make whole any employees harmed by the ordinance to date; and (3) cease and desist from enforcing the ordinance against Association-represented employees until one of the following conditions is satisfied: the parties reach an overall agreement on each of the specified effects; the parties conclude their effects negotiations in a bona fide impasse; or the Association fails to pursue effects negotiations in good faith. more or view all topics or full text. | 46 | 94 | 12/20/21 |
| 2809E | Alliance Judy Ivie Burton Technology Academy High School et al. 1203.01000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General Following a technical refusal to bargain, an appropriate remedial order includes ordering the employer to meet and confer with the exclusive representative upon request. more or view all topics or full text. | 46 | 131 | 02/28/22 |
| 2783H | Regents of the University of California 1203.01000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General Bargaining order not appropriate when influenza vaccination policy expired by its own terms at the end of the 2020-2021 flu season. (p. 32.) more or view all topics or full text. | 46 | 38 | 07/26/21 |
| 2745M | County of Sacramento 1203.01000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General When an employer has implemented terms and conditions of employment without reaching a bond fide impasse, PERB typically orders an employer to restore the status quo and rescind the implemented changes. However, where rescission may be contrary to the bargaining unit’s best interest or may disrupt the employer’s operations, it has allowed the charging party an opportunity to decline all or part of that relief and stayed rescission orders for a period of time to allow the parties an opportunity to bargain over alternative remedies. (pp. 27-28.) more or view all topics or full text. | 45 | 39 | 09/18/20 |
| 2689M | Salinas Valley Memorial Hospital District 1203.01000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General The Board considered the Hospital’s repeated failure to apply its own rule reasonably and exhaustive history of litigating similar issues in finding the Board was well within its broad remedial authority to order the employer to recognize and commence bargaining with ESC. more or view all topics or full text. | 44 | 119 | 01/13/20 |
| 2600M | County of Ventura 1203.01000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General 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.) more or view all topics or full text. | 43 | 87 | 12/07/18 |
| 2615M | County of Kern 1203.01000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General Charging party union may elect to decline restoration of the status quo in any division of employer, particularly where employees in certain divisions may be harmed by rescission of changes. (Denver Post Corp. (1999) 328 NLRB 118, 126, cited with approval in City of Riverside (2009) PERB Decision No. 2027-M, p. 15.) PERB leaves it to charging party union to make this decision because “[w]hether a change is beneficial or detrimental to the employees is a decision reserved to the employees as represented by their union.” (Solano County Employees’ Assn. v. County of Solano (1982) 136 Cal.App.3d 256, 262.) more or view all topics or full text. | 43 | 109 | 12/21/18 |
| 2558E | Children of Promise Preparatory Academy 1203.01000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General Bargaining order is the appropriate remedy where employer has failed to bargain in good faith. more or view all topics or full text. | 42 | 124 | 03/27/18 |
| 2494M | City of Davis 1203.01000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General Employer that unilaterally implemented a performance improvement plan procedure was ordered to cease and desist implementing the policy of issuing such plans and to negotiate upon request with the exclusive representative over the use of performance improvement plans. more or view all topics or full text. | 41 | 33 | 06/30/16 |
| 2438E | Los Angeles Unified School District 1203.01000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General When a union has offered to enter into a confidentiality agreement wherein the union will agree to limit the use and dissemination of requested information for representation and bargaining purposes only,” and the District rejects such offer, the offer is sufficient to address the District’s concerns that the information will be disseminated, and it is appropriate for the Board to include in the order a requirement of a confidentiality agreement in accordance with the terms proposed by the union applicable to the union and its agents and employees. more or view all topics or full text. | 40 | 26 | 06/25/15 |
| 2380M | City of Selma 1203.01000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General The City prematurely declared impasse and imposed its LBFO requiring employees to contribute to CalPERS and rescinding furlough days is ordered to return to the status quo ante, make employees whole for out-of-pocket losses, with interest, and bargain with the Association on request. more or view all topics or full text. | 39 | 11 | 06/27/14 |
| 2163M | County of Riverside 1203.01000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General The appropriate remedy for a county’s unreasonable denial of a unit modification petition is to order the county, upon the petitioning union’s request, to process the petition pursuant to a reasonable interpretation of its local rules. The Board rejected the union’s request to certify the modified units sought in the petition. more or view all topics or full text. | 35 | 42 | 02/18/11 |
| 2114M | County of Santa Clara 1203.01000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General Out-of-pocket expenses are only compensable if such costs are a direct consequence of the violation. more or view all topics or full text. | 34 | 97 | 06/08/10 |
| 2067M | County of Ventura 1203.01000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General Where a County was determined to be a joint employer of physicians at its hospital outpatient clinics, the proper remedy was an order to the County to process Charging Party union’s request for recognition as the exclusive representative pursuant to local rules. The Board denied the Charging Party’s request that the County be ordered to immediately recognize the Charging Party or move directly to a representation election, holding that such a remedy was premature. more or view all topics or full text. | 33 | 166 | 09/29/09 |
| 1682E | Desert Sands Unified School District 1203.01000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General The appropriate remedy in this case is an order to return to the status quo and to negotiate with CSEA regarding transfer of unit work. more or view all topics or full text. | 28 | 241 | 08/25/04 |
| 1390S | State of California (Department of Corrections) 1203.01000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General Board found that this case was not about "staffing patterns" but rather about the transfer of work. Board recognized that there may be managerial decisions concerning staffing patterns that would not be negotiable, even though their effects might be negotiable. Although the staffing pattern proposed by the Administrative Law Judge would presumably remedy the transfer of work, it could not be said that it was the only remedy available. There might be other elections which the Department could make that would keep food preparation assignment and training work from being transferred out of the supervising cooks' unit. Such decisions are not appropriately mandated by the Board. more or view all topics or full text. | 24 | 31111 | 06/26/00 |
| 1391S | State of California (Department of Corrections) 1203.01000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General Board found that this case was not about "staffing patterns" but rather about the transfer of work. Board recognized that there may be managerial decisions concerning staffing patterns that would not be negotiable, even though their effects might be negotiable. Although the staffing pattern proposed by the Administrative Law Judge would presumably remedy the transfer of work, it could not be said that it was the only remedy available. There might be other elections which the Department could make that would keep food preparation assignment and training work from being transferred out of the supervising cooks' unit. Such decisions are not appropriately mandated by the Board. more or view all topics or full text. | 24 | 31112 | 06/26/00 |
| 1392S | State of California (Department of Corrections) 1203.01000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General Board found that this case was not about "staffing patterns" but rather about the transfer of work. Board recognized that there may be managerial decisions concerning staffing patterns that would not be negotiable, even though their effects might be negotiable. Although the staffing pattern proposed by the Administrative Law Judge would presumably remedy the transfer of work, it could not be said that it was the only remedy available. There might be other elections which the Department could make that would keep food preparation assignment and training work from being transferred out of the supervising cooks' unit. Such decisions are not appropriately mandated by the Board. more or view all topics or full text. | 24 | 31113 | 06/26/00 |
| 1077H | University of California (University of California-American Federation of Teachers) 1203.01000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General The Board found that the University was only required to make itself immediately available for immediate negotiations with UC-AFT concerning merit reviews for lecturers. As the contract was silent on this matter, it was not legally obligated to do more; p. 5, proposed dec. more or view all topics or full text. | 19 | 26035 | 12/16/94 |
| 2311Ma | City of Escondido * * * VACATED IN PART By City of Escondido v. PERB (Cal.Ct.App., Mar. 8, 2017, No. D070462) 2017 WL 915109 1203.01000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General * * * REVERSED IN PART ON OTHER GROUNDS by City of Escondido v. PERB (Cal. Ct. App., Mar. 8, 2017, No. D070462) 2017 WL 915109. * * *Reimbursement of dues appropriate award where employer was found to have unlawfully laid off employees. Directive for the employer to remit to the union a sum equivalent to dues or agency fees, with interest, that would have been remitted to the union for a certain time period. more or view all topics or full text. | 40 | 178 | 05/11/16 |
| 1221H | Regents of the University of California (Lawrence Livermore) * * * OVERRULED IN PART BY The Accelerated Schools (2023) PERB Decision No. 2855 * * * 1203.01000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General * * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *Where University failed to meet and negotiate over the reasonably foreseeable effects of reduction in staff, Board orders impact negotiations; p. 12. more or view all topics or full text. | 21 | 28161 | 09/26/97 |
| 0373Eb | Mt. Diablo Unified School District * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * * 1203.01000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General * * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *Employer's unilateral increase of workload of librarians breached its duty to negotiate in good faith. Employer ordered to restore status quo and negotiate with association; p. 19. more or view all topics or full text. | 8 | 15142 | 08/15/84 |
| 0326E | Oakland Unified School District * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * * 1203.01000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855, where the Board clarified the shorter back pay remedy originating in Transmarine Navigation Corp. (1968) 170 NLRB 389 (where back pay begins when the parties start effects negotiations and continues for the length of those negotiations or for two weeks, whichever is greater) effectuates the purposes of California public sector labor law only if the effects negotiations arose because of a decision to close a facility or cease offering a service. * * *Board orders modified remedy for unlawful failure to bargain effects of layoff. more or view all topics or full text. | 7 | 14195 | 07/11/83 |
| 1353E | East Side Union High School District * * * OVERRULED by Huntington Beach Union High School District (2003) PERB Decision No. 1525 1203.01000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General * * * OVERRULED IN PART ON OTHER GROUNDS by Huntington Beach Union High School District (2003) PERB Decision No. 1525. * * *In a unilateral reduction of hours of a vacant position, the remedy was to direct the District to enter into negotiations over the unilateral changes immediately upon request of the union; p. 13. more or view all topics or full text. | 23 | 30174 | 09/30/99 |