REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS – Back Pay; Interest

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Theoretical rights have at most limited relevance when PERB’s task is to estimate losses that employees more likely than not would have avoided had the status quo remained the same. Thus, in ascertaining damages for a unilateral change violation, the central damages inquiry is to ascertain those faculty who more likely than not lost the opportunity to teach during winter intersessions which, in each of two years, were replaced with a second summer intersession because of the District’s unlawful conduct. That inquiry does not turn on whether faculty had a statutory right to teach during an intersession, or whether management had a statutory right to refrain from rehiring part-time faculty from term to term. (pp. 18-19.)