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

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A charging party bears the burden of proving by a preponderance of the evidence that a violation materially caused harm. (Bellflower Unified School District (2022) PERB Decision No. 2544a, p. 26 (Bellflower).) However, the charging party need not prove damages precisely. Rather, make-whole relief usually involves predictions and estimates, and thus an approximation may be sufficient to meet the charging party’s burden. (Bellflower, supra, at p. 26; City of Pasadena (2014) PERB Order No. Ad-406-M, p. 14.) PERB resolves uncertainties against the wrongdoer. (Bellflower, supra, at p. 26; Lodi Unified School District (2020) PERB Decision No. 2723, p. 21, fn. 13; City of Culver City (2020) PERB Decision No. 2731-M, p. 26; City of Pasadena, supra, at p. 27.) Moreover, provided that an estimate has a rational basis and is not so excessive as to be punitive, it appropriately serves both a compensatory and deterrent function. (Bellflower, supra, at p. 26; City of Pasadena, supra, at p. 13.) (pp. 13-14.)