All notes for Subtopic 1108.01000 – In General

DecisionDescriptionPERC Vol.PERC IndexDate
2643E California School Employees Association (Williams)
1108.1000: UNFAIR PRACTICE PROCEDURES; COMPLIANCE; In General
When a union fails to fairly represent an employee in grievance processing, the employee is not entitled to make whole relief unless he or she would have prevailed had the union properly processed the grievance. (p. 8.) In such case, the typical remedy is an order that the union process the grievance or make the employee whole if that process is not available or would be ineffectual. The latter remedy requires the employee prove in compliance proceedings that he or she would have prevailed on a properly process grievance. (p. 8, fn. 5.) more or view all topics or full text.
4318505/17/19
A406M City of Pasadena
1108.1000: UNFAIR PRACTICE PROCEDURES; COMPLIANCE; In General
The Board determined that the city had not complied with the Board’s previous order to compensate certain employees with back pay and interest after the City unilaterally implemented a new on-call schedule. A compliance decision that is the result of an investigation without a hearing is considered an administrative determination subject to a ten day appeal timeline. more or view all topics or full text.
3812201/28/14
2336M County of Riverside
1108.1000: UNFAIR PRACTICE PROCEDURES; COMPLIANCE; In General
Layoff of employees in charging party's classification, which occurred subsequent to unlawful retaliatory dismissal of charging party but prior to Board's reinstatement and back pay order, does not excuse respondent's failure to comply with order of reinstatement; the reinstatement and back pay order became effective as of the date the proposed decision in the unfair practice proceeding would have become final if the respondent had not filed a statement of exceptions, not as of the date of the Board's decision affirming the administrative law judge's order. more or view all topics or full text.
386210/18/13
A379E Long Beach Community College District
1108.1000: UNFAIR PRACTICE PROCEDURES; COMPLIANCE; In General
The Board upheld the administrative law judge’s finding that the Long Beach Community College District complied with the Board’s Order in Long Beach Community College District (2008) PERB Decision No. 1941. Specifically, that the Board did not order a traditional back pay remedy, but rather order a limited Transmarine Navigation Corporation (1968) 170 NLRB 389, enf’d NLRB v. Transmarine Navigation Corporation (9th Cir. 1967) 380 F.2d 933 style remedy, requiring the payment of wages and benefits, at pre-layoff rates, starting on March 10, 2008 and continuing until one of its stated conditions was met. more or view all topics or full text.
3311206/22/09
1640E Lucia Mar Unified School District
1108.1000: UNFAIR PRACTICE PROCEDURES; COMPLIANCE; In General
The District delayed compliance with an order issued by the Board three years before in Lucia Mar Unified School District (2001) PERB Decision No. 1440 and must comply with that order by July 30, 2004, a date agreed to by the parties. The order requires termination of a contract with Student Transportation of America for bus services. more or view all topics or full text.
2817706/14/04
1582H University Professional and Technical Employees, Communications Workers of America Local 9119 (Trout)
1108.1000: UNFAIR PRACTICE PROCEDURES; COMPLIANCE; In General
The Board “may also issue a compliance order on its motion” under HEERA section 3587 and under its plenary powers under HEERA section 3563(m) but Trout has failed to allege facts that would support such an action. more or view all topics or full text.
285901/13/04
1634M Otay Water District
1108.1000: UNFAIR PRACTICE PROCEDURES; COMPLIANCE; In General
Employers liability is terminated by rejection of valid offer of reinstatement and does not include increased tax liability for lump sum payment of back pay, expenses incurred in obtaining new employment and or financial losses of family members. more or view all topics or full text.
2815605/19/04
A258E San Francisco Community College District
1108.1000: UNFAIR PRACTICE PROCEDURES; COMPLIANCE; In General
The Board declined to exercise its discretionary authority to seek enforcement of a prior PERB order pursuant to Government Code section 3542(d) and Regulation 32980, since the present dispute is substantively different from that presented to the Board in the earlier case, and to deprive the Respondent of the ability to respond to new factual and legal issues today would potentially deny them a full and fair hearing. more or view all topics or full text.
182511108/03/94
1280E Hacienda La Puente Unified School District
1108.1000: UNFAIR PRACTICE PROCEDURES; COMPLIANCE; In General
Where Board order requires District to take certain actions, District bears the burden of proving compliance with an order; p. 6, proposed dec. Compliance hearings cannot be used to litigate defenses that were not raised during the underlying unfair practice hearing; p. 10, proposed dec. more or view all topics or full text.
222914908/27/98
1171E Fresno County Office of Education
1108.1000: UNFAIR PRACTICE PROCEDURES; COMPLIANCE; In General
In a compliance case the burden of proof is on the respondent. Under NLRB precedent, in order to receive any offset against the amount of back pay due, the employer has the burden of establishing that employees failed to mitigate their damages; pp. 3 et seq., proposed dec.; any uncertainty is resolved against the employer. In establishing a failure to mitigate, the employer must demonstrate that the claimant failed to make efforts consistent with the inclination to work and to be self-supporting; Claimants are not expected to seek a job more onerous than the one from which they were removed, but rather are expected to seek a substantially equivalent job. The claimant can still prevail if the record shows reasonable efforts to obtain interim employment; pp. 3-5, proposed dec. more or view all topics or full text.
212800109/30/96
1090E Norris School District
1108.1000: UNFAIR PRACTICE PROCEDURES; COMPLIANCE; In General
If a party agrues it has previously complied with the order, this can best be resolved through PERB's compliance proceedings; p. 5. more or view all topics or full text.
192606803/16/95
0625E Fountain Valley Elementary School District
1108.1000: UNFAIR PRACTICE PROCEDURES; COMPLIANCE; In General
Matter to go to compliance if parties cannot agree to compensation formula within 60 days. more or view all topics or full text.
111811506/23/87
0557E Nevada Joint Union High School District
1108.1000: UNFAIR PRACTICE PROCEDURES; COMPLIANCE; In General
Whether subsequent agreement constitutes compliance with Board's order is best left to compliance proceedings. more or view all topics or full text.
101704012/31/85
0500E Santa Clara Unified School District
1108.1000: UNFAIR PRACTICE PROCEDURES; COMPLIANCE; In General
Reinstatement to be delayed if respondent can show in compliance that position would not presently be available anyway in normal course of events; parties, with PERB's approval, may arrive at settlement as alternative to order. more or view all topics or full text.
91611604/11/85
0278E San Francisco Community College District
1108.1000: UNFAIR PRACTICE PROCEDURES; COMPLIANCE; In General
Unless it can be shown that an alleged failure to comply with a prior Board order was undertaken for discriminatory reasons or is part of a discrete course of violative conduct, failure to comply does not constitute a per se separate, new violation of the statute. more or view all topics or full text.
71403512/31/82
0266Ea Brawley Union High School District
1108.1000: UNFAIR PRACTICE PROCEDURES; COMPLIANCE; In General
Party determined to have waived right to assert defense in answer, brief and exceptions cannot raise defense for the first time in a compliance proceeding; p. 6. more or view all topics or full text.
71413104/07/83
0104Ea Santa Clara Unified School District
1108.1000: UNFAIR PRACTICE PROCEDURES; COMPLIANCE; In General
Reconsideration denied where District failed to show extraordinary circumstances; on reconsideration, case remanded to hearing officer on District's claim of legal incapacity to comply with remedy under extraordinary circumstances standard. more or view all topics or full text.
41108105/07/80