REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS – Reinstatement
Single Topic for Decision 2855E
View all topics for Decision 2855E
Full Decision Text (click on the link to view): Full Text
1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.02000 – Reinstatement
1201.02000 – Reinstatement
If an employer has no decision bargaining obligation but violates its duty to bargain effects, PERB does not necessarily direct the employer to rescind its underlying decision. (County of Santa Clara (2021) PERB Decision No. 2799-M, pp. 28-29.) If PERB does not order reinstatement or other forms of rescission for an effects bargaining violation, full retroactive back pay may be necessary to provide adequate compensation, deterrence, and a level field for fair effects negotiations. (p. 19.)