REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS – Restoration of Status Quo

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1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.07000 – Restoration of Status Quo

In cases where an employer fails to fulfill its bargaining obligation before altering instructors’ work calendar as part of adjusting the student academic calendar, PERB has delayed its requirement to restore the status quo when necessary to prevent unwarranted disruption or interference with student instruction or district operations. The Board found such a delay appropriate here, though the parties were afforded the opportunity to modify the rescission date by mutual agreement. The record shows that the District adopted the calendar changes on December 9, 2019, in order to implement them for the 2020-2021 academic year. The Board ordered a similar timeline for rescinding those changes. Thus, absent mutual agreement, the District must rescind the unilaterally adopted changes to the calendar at the beginning of the next successive academic year following the date the decision is no longer subject to appeal. If that date falls after December 9 of an academic year, rescission must occur at the beginning of the second successive academic year after that date. (pp. 6-7.)