REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS – In General

Single Topic for Decision 2868M

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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. PERB ordered employer to reimburse extra costs incurred in material part because of unilateral change in work location, with make-whole relief retroactive to the first date of harm and continuing until the earliest of: (a) the date the parties reach an agreement on the effects of the work relocation; (b) the date the parties reach a good faith impasse as to such effects, including exhaustion in good faith any impasse resolution procedures that may be required or agreed upon; or (c) the date the union waives its right to bargain by failing to request negotiations, or fails to bargain in good faith. (p. 62.)