REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS – In General

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Typically, PERB remedies include directing the respondent to begin or resume bargaining in good faith and to
return to a prior bargaining position. (City of Glendale (2020) PERB Decision No. 2694-M, pp. 71-78; City of Palo Alto (2019) PERB Decision No. 2664, pp. 5-10 & fn. 6; City of San Ramon (2018) PERB Decision No. 2571 M, pp. 17-18.) Here, the District Board’s September 6, 2023 decision to adopt the amendments to AR 5020 and 5145.3 is non-negotiable because those amendments are unlawful under state law. The District’s demand that RTPA bargain over the effects of a non-negotiable decision is similarly unlawful, and we will not order the parties to bargain over the effects of the unlawful decision. Accordingly, the District must rescind its parental notification policy and comply with the additional requirements in PERB’s remedial order.