UNFAIR PRACTICE PROCEDURES; COMPLIANCE – Burden of Proof

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It is the respondent’s burden to demonstrate its compliance with PERB’s remedial order. (Hacienda La Puente Unified School District (1998) PERB Decision No. 1280, adopting proposed decision at pp. 8-9; City & County of San Francisco (2021) PERB Decision No. 2757-M, p. 15, fn. 10.) The Board’s finding “that an unfair labor practice was committed is presumptive proof that at least some backpay is owed.” (Bellflower Unified School District, supra, PERB Order No. Ad-475, p. 10, citing Arlington Hotel Co., Inc. (1987) 287 NLRB 851, 855.) “‘[A]ny uncertainty [as to backpay] must be resolved against the wrongdoer whose conduct made certainty impossible.’” (pp. 9-10.)