UNFAIR PRACTICE PROCEDURES; COMPLIANCE – Burden of Proof

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An order that may require the compliance officer to engage in some approximation is 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.” (Lodi Unified School District (2020) PERB Decision No. 2723, p. 21, fn. 13, citing City of Pasadena (2014) PERB Order No. Ad-406-M, pp. 8, 13-14, & 26-27.)