REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS – Other Affirmative Relief

Single Topic for Decision 2027M

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To remedy an employer’s unlawful unilateral change of promotion criteria, the Board ordered the employer to reinstate the prior criteria and pay employees wages and benefits they would have received had they been promoted according to those criteria, from the date the employee would have been promoted to the date of the employee’s actual promotion. The Board did not order the unlawful promotions rescinded because invalidating the promotions of innocent employees would not serve the remedial purpose of the MMBA.