REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS – Back Pay; Interest

Single Topic for Decision 2221E

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* * * OVERRULED IN PART ON OTHER GROUNDS by Bellflower Unified School District (2017) PERB Order No. Ad-447. * * *

Where charging party was denied a position for a one-year term renewable on a year-to-year basis, and the denial was found to be retaliatory, the appropriate remedy was back pay through the current term, rather than limiting the back pay award to one year, given fact that charging party had previously served for eight consecutive years and intended to serve well into her retirement years; although the remedy reflects, in part, the length of time the case was pending before PERB, where respondent invokes the Board’s processes by electing to go to hearing following issuance of a complaint and files exceptions to the proposed decision, the respondent runs the risk that exhaustion of the Board’s administrative procedures will increase its liability in the event its appeal is unsuccessful.