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

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The Board found it appropriate to order the District to make employees whole for any losses suffered as a result of the District’s failure to meet and negotiate in good faith over changes to the academic calendar that altered distribution of instructors’ workdays, holidays, and workload. Although the Faculty Union presented no evidence that any employee suffered a loss as a result of the calendar changes, an unfair practice finding creates a presumption that employees suffered some loss as a result of the employer’s unlawful conduct. Consistent with the presumption, the Faculty Union will have the opportunity to establish in compliance proceedings that any employees they represent suffered a loss of compensation or benefits as a result of the changes to the 2020 2021 calendar and its continuation in subsequent academic years. (p. 7.)