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

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1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.01000 – In General

The MMBA grants PERB broad discretion to order remedies necessary to effectuate the policies and purposes of the Act. (County of Lassen (2018) PERB Decision No. 2612-M, p. 7.) “Back pay, front pay and/or other monetary awards, plus interest, are an ordinary part of Board-ordered remedies where necessary to compensate injured parties or affected employees for out-of-pocket losses caused, in whole or in part, by an unfair practice.” (Sonoma County Superior Court (2017) PERB Decision No. 2532-C, p. 42 [Banks concurring in part and dissenting in part, citing Fairfield-Suisun Unified School District (2012) PERB Decision No. 2262 (Fairfield-Suisun), pp. 18-19; Los Angeles Unified School District (2001) PERB Decision No. 1469 (LAUSD), pp. 5-6, 11; San Ysidro School District (1997) PERB Decision No. 1198, p. 5; Fresno County Office of Education (1996) PERB Decision No. 1171 (Fresno), pp. 7-8, and proposed decision at pp. 1-2.].) PERB precedent awarding interest on monetary damages as part of a make whole remedy is well established. (State of California (California Correctional Health Care Services) (Healy) (2021) PERB Decision No. 2760-S, pp. 48-49, fn. 31 [judicial appeal pending]). Moreover, monetary awards should be calculated to account for the loss of the present value of money to ensure that the respondent does not retain the fruits of its wrongful conduct. (County of San Joaquin v. PERB (2022) 82 Cal.App.5th 1053, 1068.)