REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS – Back Pay; Interest
Single Topic for Decision 2618E
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1201.03000 – Back Pay; Interest
Next, we turn to the Federation’s contention that all affected unit employees are entitled to the above-described remedy regardless of whether the Federation proved that each one opposed the District’s workweek change. We concur with the Federation’s view for two principal reasons. First, we must adopt that approach in order to effectuate the purposes of EERA. We cannot give effect to undocumented and unproven employee “approvals,” especially since the District claims to have obtained these approvals when it refused to honor a contractually-required majority vote and unilaterally adopted a new policy allowing for one-on-one discussions in which supervisors could extract “approvals” from individual employees. Second, the Federation’s approach is more consistent with precedent. As noted, PERB orders make whole relief to compensate employees for the difference between what they actually earned and what they would have earned, but for the employer’s illegal conduct.