REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS – In General

Single Topic for Decision 0337E

View all topics for Decision 0337E

Full Decision Text (click on the link to view): Full Text

* * * 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. * * *

Full restoration of the status quo inappropriate where unilateral act was layoff and employer has right to make decision to layoff but failed to negotiate effects of such decision.