REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY – In General

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To remedy an effects bargaining obligation, PERB generally directs the offending employer to provide back pay from the first date that employees began to experience harm until the earliest of: (1) the date the parties reach an agreement, typically as part of complying with PERB’s effects bargaining order; (2) the date the parties reach a good faith final impasse, including exhaustion of any required or agreed upon post-impasse procedures; or (3) the date the union fails to pursue effects negotiations in good faith. (County of Santa Clara (2021) PERB Decision No. 2799-M, p. 28; County of Ventura (2021) PERB Decision No. 2758-M, pp. 53 & 56; Region 2 Court Interpreter Employment Relations Committee & California Superior Courts of Region 2 (2020) PERB Decision No. 2701-I, p. 58; County of Santa Clara (2019) PERB Decision No. 2680-M, p. 14.) The shorter back pay remedy originating in Transmarine Navigation Corp. (1968) 170 NLRB 389 (where back pay begins when the parties start effects negotiations and continues for the length of those negotiations or for two weeks, whichever is greater) effectuates the purposes of California public sector labor law only if the effects negotiations arose because of a decision to close a facility or cease offering a service. PERB overruled, in part, eight older PERB decisions in which the Board extended Transmarine beyond its proper scope. The eight overruled decisions are: South Bay Union School District Board of Trustees (1982) PERB Decision No. 207a, pp. 3-4; Solano County Community College District (1982) PERB Decision No. 219, pp. 17-18; Oakland Unified School District (1983) PERB Decision No. 326, pp. 46-47; County of Kern (1983) PERB Decision No. 337, p. 14; Mt. Diablo Unified School District (1983) PERB Decision No. 373, pp. 67-71; Mt. Diablo Unified School District (1984) PERB Decision No. 373b, pp. 25-26; Placentia Unified School District (1986) PERB Decision No. 595, p. 11 & adopting proposed decision at pp. 26- 28; and Regents of the University of California (Lawrence Livermore National Laboratory) (1997) PERB Decision No. 1221-H, p. 4 & adopting proposed decision at pp. 32-33. (pp. 19, 20, 24, 30, 31 & fn. 14.)