REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS – Expunging Employee Personnel Files

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An unfair practice finding creates a presumption that employees suffered some financial loss as a result of the employer’s unlawful conduct. Consistent with the presumption, it is appropriate to give the Associations an opportunity to establish in compliance proceedings that any employees they represent suffered financial harm as a result of the application of any of the unlawfully adopted ballot measure amendments. Similarly, in compliance proceedings the Associations may present evidence that represented officers have been subject to discipline or had items placed in their personnel files as a result of the application of any of the unlawfully adopted ballot measure amendments. (p. 61.)