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

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Board’s remedial order required the employer to compensate the union for dues it lost by virtue of employer’s unilateral subcontracting, plus 7 percent annual interest. An employer’s obligation to reimburse dues does not allow it to reduce its backpay payments to employees by an equivalent amount. (Regents of the University of California (2014) PERB Decision No. 2398-H, p. 37 [explaining that “it is not appropriate to penalize employees for the employer’s unfair practice by requiring that they remit back dues”]; see also Regents of the University of California (Berkeley) (2018) PERB Decision No. 2610-H, pp. 96-97; City of Sacramento (2013) PERB Decision No. 2351-M, pp. 49-50.) Thus, it is not incumbent upon employees to remedy the collateral injury to the exclusive representative—diminution of the bargaining unit and the corresponding diminution in both bargaining power and dues—caused by an employer’s unilateral change.