UNFAIR PRACTICE PROCEDURES; COMPLIANCE – In General

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A finding that a respondent committed an unfair practice normally results in the opportunity for the charging party to establish, most often in compliance proceedings, that the respondent’s conduct resulted in harm. (Bellflower Unified School District (2019) PERB Order No. Ad-475, p. 10; Desert Sands Unified School District (2010) PERB Decision No. 2092, pp. 31-32.) Where County violated its duty to meet and confer over the effects of surveillance technology ordinance violations, PERB found it appropriate to give the Association the opportunity to establish harm in compliance proceedings. While there were no instances of discipline or criminal liability as of the date the record closed, evidence in compliance proceedings may include harms manifesting at any time.