REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS – In General

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PERB’s customary remedy for an employer’s unlawful unilateral change includes directing that the charging party and affected employees be made whole. (Lodi Unified School District (2020) PERB Decision No. 2723, p. 20.) 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.” (Id. at p. 21, fn. 13, citing City of Pasadena (2014) PERB Order No. Ad-406-M, pp. 8, 13-14, & 26-27.)