REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS – Other Affirmative Relief

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1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.10000 – Other Affirmative Relief

It is appropriate to order a party to reinstate a withdrawn offer that it withdrew as part of an overall course of bad faith conduct. Distinct from imposing contractual terms on parties, or from ordering a bargaining party to make a proposal that it never previously offered, ordering a bargaining party to return to a prior bargaining position that it abandoned in bad faith is well within the Board’s authority to craft a remedy that compensates affected parties and withholds from the wrongdoer the fruits of its violation. In accordance with these principles, we find that the ALJ’s Mead Corp. order was proper. We also agree with the ALJ that the present circumstances call for an order allowing the Association some choice regarding its preferred method of remedying the City’s violation, as “‘[w]hether a change is beneficial or detrimental to the employees is a decision reserved to the employees as represented by their union.’” (pp. 32-33.)