REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS – Reinstatement

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Where PERB orders reinstatement, back pay ends on the reinstatement date. The employer may then provide the union with notice and an opportunity to bargain over a new, prospective decision, meaning it may eventually effect its desired change by reaching an agreement or by imposing its last, best, and final offer after bargaining to a good faith impasse and participating in good faith in all required and agreed upon impasse procedures. Because reinstated employees are back at work throughout such negotiations, neither party must bargain from a position of unlawful advantage or disadvantage. (Bellflower Unified School District (2022) PERB Decision No. 2544a, pp. 21, 23-24 [reinstatement is a critical part of restoring the status quo, which is necessary before parties can engage in fair negotiations]; County of Merced (2020) PERB Decision No. 2740-M, pp. 21-23 [if employer fails to rescind its unlawful decision and restore the status quo, good faith decision bargaining is impossible].) (pp. 18-19.)