REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS – In General
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1200.01000 – In General
PARTIALLY VACATED AND PARTIALLY SUPERSEDED ON OTHER GROUNDS BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H.
When an employer does not fulfill its decision bargaining obligation, PERB’s standard remedy includes a cease-and-desist order, restoring the status quo ante via a rescission order, make-whole relief, and a prospective order to bargain. (The Accelerated Schools (2023) PERB Decision No. 2855, p. 18 (Accelerated Schools); Pittsburg Unified School District (2022) PERB Decision No. 2833, p. 14.) However, the proper remedies sometimes differ when an employer has no decision bargaining obligation and instead violates its duty to bargain effects. (Accelerated Schools, supra, PERB Decision No. 2855, p. 19.) (p. 28.)