REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS – Reinstatement

Single Topic for Decision 2694M


View all topics for Decision 2694M

Full Decision Text (click on the link to view): Full Text

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.02000 – Reinstatement

City directed to reinstate the eliminated bargaining unit classifications, retroactively fill those classifications (from the laid off employees, in seniority order) with the number of employees reinstated commensurate with the amount of bargaining unit work performed by non-bargaining unit employees at all relevant times, and to provide make-whole relief (total compensation including benefits) as part of retroactively restoring the status quo. PERB’s Compliance Officer provided specific guidance regarding how to address the above factors in compliance proceedings, putting the burden on the City to prove any periods of time in which there was so little traditional bargaining unit work being performed that certain of the layoffs and/or failure to recall were during those times the result of a non-bargainable reduction in work rather than a bargainable decision to use non-bargaining unit workers to perform remaining and future work. Remedial order is appropriate even though it necessarily will require PERB’s Compliance Officer to make approximations in resolving remedy disputes. (City of Pasadena (2014) PERB Order No. Ad-406-M, pp. 8, 13-14 & 26-27.) Doing so is generally preferable to “permitting the employer to evade liability because of uncertainty caused by the employer’s own unlawful conduct, and thus leaving an unfair practice unremedied. (Id., p. 26.)