REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS – Back Pay; Interest
Single Topic for Decision 2380Ma
Full Decision Text (click on the link to view): Full Text
1201.03000 – Back Pay; Interest
Offsetting a make-whole remedy by compensation earned by employees would be to effectively garnish wages retroactively, with no opportunity for the affected employees to seek income from outside sources for the days in question. Any argument an employer wishes to make concerning offsets is more appropriately made at the compliance stage of unfair practice proceedings. A city council’s resolution that may affect the remedy of an unfair practice case should be introduced into the record at the time of the hearing, regardless of any period of time in which the resolution may be challenged, and the legal effect of the resolution should be left to argument and final determination by the administrative law judge and the Board. Subsequent negotiations do not absolve the employer of past unfair practices.