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

Single Topic for Decision 2806E

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The Board declined to order backpay to begin on the date the District placed affected employee on paid administrative leave, rather than on the date the Board of Education upheld employee’s termination. This was because the complaint alleged only that the District took adverse action against employee by upholding her termination from employment. While the Board found the District was unlawfully motivated in placing employee on administrative leave, the union failed to raise, much less brief, whether this met the requirements of the unalleged violation doctrine, and the Board declined to consider the doctrine sua sponte. However, nothing in the decision altered the general rule that all categories of losses (including, but not limited to, overtime pay, shift differentials, and holiday pay) are fully compensable based on reasonable estimates. In cases in which PERB either sustains a complaint allegation challenging imposition of paid leave or finds such a violation based on the unalleged violation doctrine, all losses are compensable during the unlawful paid leave. In this case, however, such categories are compensable only after the date of termination. (pp. 39-40 & fn. 14.)