REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS – Other Affirmative Relief

Single Topic for Decision 2809E

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Respondent employer committed a technical refusal to bargain in order to achieve a unit modification, in addition to obtaining appellate review of underlying unit determination. PERB found that the Respondents’ shifting positions and tactics, combined with Respondents’ failure to file a unit modification petition as required by PERB precedent, merit make-whole relief outside of the charging party union’s costs of litigating this case.