REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS – Restoration of Status Quo

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Although PERB’s remedial authority is broad, the Board lacks the authority to overturn the results of an election in order to remedy a failure of procedure required by the MMBA. PERB can declare provisions enacted in violation of the MMBA to be void and/or unenforceable, in whole or in part. Because the ballot measure was enacted by the voters at the November 3, 2020 election, the Board could not order the County to rescind the unlawfully adopted amendments as part of restoring the status quo. Thus, the Board declared the amendments that required either decisional or effects bargaining as void and unenforceable as to any employees the charging party Associations represent. (p. 60.)