REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY – In General

Single Topic for Decision 2694M

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A City’s decision to eliminate all positions in a classification was based upon both a non-bargainable decision to reduce the amount of that classification’s work being performed on behalf of the City, at least temporarily, and a bargainable decision to subcontract and to use non-bargaining unit City employees to perform the classification’s remaining and future work. (Fire Fighters Union v. City of Vallejo (1974) 12 Cal.3d 608, 621.) The Board was careful to remedy only those layoffs and involuntary demotions resulting from bargainable decisions. The Board adjusted the proposed remedial order to ensure it did not provide a remedy for any layoffs or demotions that would have occurred solely based on the non-bargainable decision to reduce (at least temporarily) the amount of work performed by the classification.