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

Single Topic for Decision 2632M

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As in Santa Monica Community College District (1979) PERB Decision No. 103 [denying salary increase after union refused to waive its right to negotiate over salary], the District’s discriminatory conduct in this case consists of denying an employment benefit to some employees, while granting the same benefit to others, on the basis of protected activity. An effective make-whole remedy in this case therefore includes ordering the District to make Association-represented employees whole until such interference and discrimination cease. Additionally, as in Santa Monica CCD, the appropriate measure of backpay and back benefits is not what the employees affected by unlawful discrimination might have obtained through negotiations between their representative and the employer, but the benefit actually granted to other, employees not engaged in protected activity.