REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS – Restoration of Status Quo

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PERB’s standard remedy for an employer’s unlawful unilateral change is a cease-and-desist order, a notice posting, restoration of the status quo ante, appropriate make-whole relief including back pay and benefits with interest, and an order to bargain with the union upon request. (Regents of the University of California (2023) PERB Decision No. 2852-H, p. 21; Regents of the University of California (Berkeley) (2018) PERB Decision No. 2610-H, pp. 94-96.) The Board found those remedies appropriate here. The Board, however, found that the educational setting warranted a delay in a return to the status quo, both to protect student education and Teacher Apprentices’ training. In Antelope Valley Community College District (2023) PERB Decision No. 2854, as in other cases where an employer fails to fulfill its bargaining duty before altering instructors’ work calendar as part of adjusting the student academic calendar, PERB has delayed its requirement to restore the status quo for an academic year when necessary to prevent unwarranted disruption or interference with student instruction or district operations. (Id. at pp. 6-7; Pasadena Area Community College District (2015) PERB Decision No. 2444, p. 34 [forcing parties to change academic calendar part way through an academic year could disrupt unreasonably plans and schedules of students, faculty, and staff].) Here, however, the Board was also mindful that the Demonstration Teachers continued to bear the burden attendant in losing bargaining unit work and in performing additional job duties. Under those unique circumstances, the Board found it appropriate to require restoration of the status quo by the beginning of the next Lab School academic term following the date when its decision becomes final. (pp. 21-23.)