REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS – In General
Single Topic for Decision 2464M
Full Decision Text (click on the link to view): Full Text
1205.01000 – In General
Although PERB’s traditional remedy for an employer’s unlawful unilateral change includes restoration of the prior status quo and appropriate make whole relief, including back pay and benefits with interest thereon, for all employees who have suffered loss as a result of the unlawful conduct, the Board does not have jurisdiction to rescind a municipal election to overturn a ballot measure. Where City’s unilateral change to employee pension benefits was enacted through citizen’s initiative, PERB lacked jurisdiction to order the election results rescinded but ordered the City to pay affected employees the difference for the resulting change in pension benefits, plus interest at seven percent per annum.