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

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Although back pay calculations are a matter for compliance, the parties’ exceptions indicate that our remedy requires clarification in order to provide guidance for the compliance process. We first address the District’s primary argument in its cross-exceptions, which relates to the measure of make whole relief, and we conclude as follows, using an example of an employee working four nine-hour days and one four-hour day. But for the District’s unilateral change, the employee’s ninth hour of work on the first four days of the week would earn either wages or compensatory time off at a premium time-and-a-half rate, per the contract; the District would have a choice between those two options, also per the contract. Thus, such an employee should earn either 42 hours of pay for the week, or should receive 40 hours of pay plus two hours of compensatory time off, at the District’s option. The District is wrong to the extent it suggests that it may choose the compensatory time off option and then offset the employee’s half day off on Friday afternoon against the two hours of compensatory time it owes the employee. That is an analytical error, as an employee who works 40 hours in a week has not used any compensatory time off that week.