REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY – Agreement Between. the Parties

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Respondents request the parties be provided a reasonable period of time to negotiate a remedy that effectuates the purposes of the MMBA, which is opposed by Charging Parties. The Board has a longstanding policy favoring voluntary settlement of disputes. (Dry Creek Joint Elementary School District (1980) PERB Order No. Ad-81a.) Because the unlawful provisions affect City employees beyond the Charging Parties’ bargaining units, the number of interested parties makes a potential alternative resolution ill-suited for negotiation by only two of the many unions representing City employees. We do not find it appropriate to provide the parties with additional time to negotiate, but to the extent the parties are now able to reach mutually agreeable terms that substantially comply with the Board’s remedial order, they may present the settlement agreement to the OGC, to be considered during compliance. (p. 56.)