All notes for Subtopic 1200.01000 – In General
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2830Sa | State of California (State Water Resources Control Board) 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General Where the state employer failed to provide the union with sufficient information for it to meaningfully represent an employee in an investigatory interview, the Board supplemented the proposed decision’s cease and desist order by directing the state employer to refrain from relying on: (1) any information or admission obtained during the unlawful investigatory interview; or (2) the employee’s conduct during the interview. While the record did not show that the employer had so far relied on any such information, admission, or conduct, to compensate for the harm caused by the unfair practice, the Board found it important to ensure that the Water Board does not do so in the future. (pp. 6-7.) more or view all topics or full text. | 47 | 160 | 05/02/23 |
| 2799M | County of Santa Clara 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General Where county adopted surveillance technology ordinance without providing association adequate notice and an opportunity to bargain over reasonably foreseeable impacts on terms and conditions of employment, PERB ordered county to cease and desist enforcing ordinance against Association-represented employees, until the earliest of: (1) the parties reach an overall agreement on each of the specified effects; (2) the parties conclude their effects negotiations in a bona fide impasse; or (3) the Association fails to pursue effects bargaining in good faith. more or view all topics or full text. | 46 | 94 | 12/20/21 |
| 2854E | Antelope Valley Community College District 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General In accord with the Board’s standard unilateral change remedy, the Board found it appropriate to order the District to cease and desist from the unlawful conduct found in this decision, to meet and negotiate with the Faculty Union upon request over changes to instructors’ work calendar, and to post physical and electronic notices of its violation. (p. 7.) more or view all topics or full text. | 47 | 125 | 02/23/23 |
| 2772Ma | County of Sonoma 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General Order to cease and desist from placing measures on the ballot that affect subjects within the scope of representation without notice and meeting and conferring upon request with the Associations over the decision or its effects and to post electronic and physical notices of the violation was the appropriate remedy for the County’s unlawful unilateral change, where the parties subsequently reached letters of agreement resolving all meet-and-confer issues arising out of the Measure P amendments the Board found could not be adopted or implemented without bargaining. (pp. 29, 31.) more or view all topics or full text. | 47 | 127 | 02/28/23 |
| 2544Ea | Bellflower Unified School District 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General A cease-and-desist order draws its meaning from the specific violation found in the context of the entire decision. (William S. Hart Union High School District (2018) PERB Decision No. 2595, p. 13.) The cease-and-desist order disallowed renewed unilateral subcontracting without an adequate defense. more or view all topics or full text. | 46 | 143 | 03/24/22 |
| 2783H | Regents of the University of California 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General Order to cease and desist from the unlawful conduct and to post physical and electronic notices of the violation was appropriate remedy for failure to meet and confer in good faith over effects before implementing a non-negotiable decision. more or view all topics or full text. | 46 | 38 | 07/26/21 |
| 2772M | County of Sonoma * * * VACATED IN PART by County of Sonoma (2023) PERB Decision No. 2772a-M * * * 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General Where an ordinance was adopted without meeting and conferring with two exclusive representatives, the Board declared the negotiable provisions of the ordinance void and unenforceable, and ordered the employer to cease and desist enforcing those provisions as to those exclusive representatives, but not as to exclusive representatives that did not participate in the case. more or view all topics or full text. | 46 | 8 | 06/23/21 |
| 2757M | City and County of San Francisco 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General Order to cease and desist reprisal, discrimination, and interference against all employees is not overbroad and burdensome, because PERB commonly uses broad language referring to all employees, even when the unlawful conduct was directed at only one employee. (p. 14.) more or view all topics or full text. | 45 | 84 | 03/03/21 |
| 2745M | County of Sacramento 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General When an employer has implemented terms and conditions of employment without reaching a bond fide impasse, PERB typically orders an employer to restore the status quo and rescind the implemented changes. However, where rescission may be contrary to the bargaining unit’s best interest or may disrupt the employer’s operations, it has allowed the charging party an opportunity to decline all or part of that relief and stayed rescission orders for a period of time to allow the parties an opportunity to bargain over alternative remedies. (pp. 27-28.) more or view all topics or full text. | 45 | 39 | 09/18/20 |
| 2692M | City of South Pasadena * * * Remedial Order VACATED and MODIFIED by City of South Pasadena (2021) PERB Decision No. 2692a-M 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General * * * Remedial Order VACATED and MODIFIED by City of South Pasadena (2021) PERB Decision No. 2692a-M, where, on remand from the Court of Appeal, the Board modified its remedial order to no longer require the City to expunge from its records, including the subject employee’s personnel file, certain documents related to the investigation and the employee’s termination. * * *Appropriate remedy for unlawful termination includes a cease and desist order. (p. 15.) more or view all topics or full text. | 44 | 131 | 01/30/20 |
| 2691M | City and County of San Francisco 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General PERB orders the City, in future negotiations with union, to interpret its Charter consistently with PERB’s decision, and to cease and desist from failing or refusing to devote a reasonable and adequate amount of time to good faith negotiations, mediation, and interest arbitration. more or view all topics or full text. | 44 | 124 | 01/17/20 |
| 2664M | City of Palo Alto 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General Where employer withdrew a contact proposal as part of an overall course of bad faith conduct, the Board clarified that the remedial order requiring the employer to bargain in good faith required the employer to reinstate the withdrawn offer. (Mead Corp. v. NLRB (11th Cir. 1983) 697 F.2d 1013, 1022-1023, enforcing The Mead Corp. (1981) 256 NLRB 686.) Such a Mead Corp. order was necessary to restore the situation as nearly as possible to that which would have existed but for the employer’s bad faith conduct and was integral to requiring the employer to cease and desist from its unlawful conduct. Employer therefore directed to put back on the table the proposal it withdrew in bad faith, upon the Union’s request. more or view all topics or full text. | 44 | 52 | 08/21/19 |
| 2684E | Modoc County Office of Education 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General PERB’s standard remedy for an employer’s unlawful unilateral change includes a cease-and-desist order. (p. 19.) more or view all topics or full text. | 44 | 104 | 11/27/19 |
| 2615M | County of Kern 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General Charging party union may elect to decline restoration of the status quo in any division of employer, particularly where employees in certain divisions may be harmed by rescission of changes. (Denver Post Corp. (1999) 328 NLRB 118, 126, cited with approval in City of Riverside (2009) PERB Decision No. 2027-M, p. 15.) PERB leaves it to charging party union to make this decision because “[w]hether a change is beneficial or detrimental to the employees is a decision reserved to the employees as represented by their union.” (Solano County Employees’ Assn. v. County of Solano (1982) 136 Cal.App.3d 256, 262.) more or view all topics or full text. | 43 | 109 | 12/21/18 |
| 2602M | City of Commerce 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General The Board finds no authority for declining to issue a cease-and-desist order based on the relative lack of severity of the unfair practices committed. more or view all topics or full text. | 43 | 89 | 12/11/18 |
| 2595E | William S. Hart Union High School District 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General Order to cease and desist interfering with employee rights and union’s rights to represent employees is not vague or overbroad, because it is read in conjunction with the specific finding concerning the employer’s violation. more or view all topics or full text. | 43 | 74 | 11/09/18 |
| 2594M | County of Orange 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General To be severable, an invalid provision must be grammatically, functionally, and volitionally separable from the remaining provision. more or view all topics or full text. | 43 | 73 | 11/06/18 |
| 2594M | County of Orange 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General Where an ordinance was adopted without meeting and conferring with three exclusive representatives, the Board declared the negotiable provisions of the ordinance void and unenforceable, and ordered the employer to cease and desist enforcing those provisions, as to those exclusive representatives, but not as to exclusive representatives that did not participate in the case. more or view all topics or full text. | 43 | 73 | 11/06/18 |
| 2540M | City and County of San Francisco * * * VACATED IN PART by City and County of San Francisco (2019) PERB Decision No. 2540a-M 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General * * * VACATED IN PART ON OTHER GROUNDS by City & County of San Francisco (2019) PERB Decision No. 2540a-M. * * *The appropriate remedy for a city charter provision that is an unreasonable local rule under Meyers-Milias-Brown Act section 3507 is to declare that provision void and unenforceable. The Board lacks the power to order the provision to be rescinded. In determining which provisions of a local rule are invalid, a severability clause establishes a presumption in favor of severance. However, in order to honor the severance clause, the portion to be severed and thus saved from invalidity depends on whether the remaining provisions are grammatically and mechanically severable, and whether it is functionally severable, i.e., the remaining portion is complete in itself and capable of independent application. more or view all topics or full text. | 42 | 50 | 10/20/17 |
| 2388Ma | City of Palo Alto 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General The appropriate remedy for a violation of the duty to consult under section 3507 is akin to the remedy for a violation of the duty to meet and confer, viz., a cease and desist order, coupled with affirmative relief consisting of an order to restore the status quo and an order to consult in good faith upon request. more or view all topics or full text. | 41 | 162 | 04/10/17 |
| 2536M | City and County of San Francisco 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General Where evidence and argument of parties was directed at litigating the lawfulness of the employer’s prohibition of sympathy strikes, the Board rejected the argument that ALJ’s proposed order erred by failing to address the employer’s prohibition of economic strikes. The appropriate remedy for a city charter provision that conflicts with employees’ rights to participate in a sympathy strike is to declare that provision void and unenforceable. The Board lacks the power to order the provision to be rescinded. more or view all topics or full text. | 42 | 14 | 06/30/17 |
| 2458E | Jurupa Unified School District 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General An order to remedy employer retaliation directing the employer to generally cease and desist from retaliating against employees for engaging in protected activities is not improper where the text of the decision and Order sufficiently identifies the District’s unlawful actions, which the District may not repeat in the future. more or view all topics or full text. | 40 | 75 | 10/23/15 |
| 2262E | Fairfield-Suisun Unified School District 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General Employer that unilaterally adopted a change in disciplinary policy by implementing a “zero tolerance” policy not authorized by the progressive discipline article in the parties contract is ordered to cease and desist from enforcing such policy after a finding that employer failed to bargain with the Union over the adoption of the “zero tolerance” policy. more or view all topics or full text. | 36 | 176 | 05/08/12 |
| 1577M | County of Riverside 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General The ALJ’s proposed order was not overbroad in that it properly required the County to cease and desist its refusal to process grievances over promotions pursuant to the parties’ agreed-upon grievance procedures. more or view all topics or full text. | 28 | 45 | 12/31/03 |
| 1515E | Los Rios College Federation of Teachers, Local 2279 (Deglow) 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General Continual filing of similar charges on the same subject matter may result in the imposition of sanctions. Under EERA §§3541.3(i) and 3541.3(n), and Government Code §11455.30, PERB has jurisdiction to order a party to pay the other party’s reasonable expenses, including attorney’s fees, for the offending party’s bad faith actions or frivolous tactics. more or view all topics or full text. | 27 | 42 | 04/03/03 |
| 1104S | State of California (Department of Corrections) (California Correctional Peace Officers Association) 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General Based on the facts of this case, Board finds remedy overly broad in employer interference with union's right to represent case and eliminates the prerequisite that witnesses be informed that interviews are voluntary and free of reprisal. Remedy limited to cease and desist; pp. 4-5. more or view all topics or full text. | 19 | 26097 | 05/18/95 |
| 1006E | Gonzales Union High School District 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General No reimbursement to employees or cease and desist order where employer was not obligated to pay premium increase but unilaterally implemented new policy of payroll deduction. more or view all topics or full text. | 17 | 24119 | 06/25/93 |
| 0840S | State of California (Department of Mental Health) 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General A cease and desist order in a unilateral change case was held not to apply on a systemwide basis, as the evidence on the record showed only a change at Metropolitan State Hospital; there was no evidence of a systemwide program of unilateral implementation of a change in scheduling systems. However, Board ordered notice to be posted statewide because unilateral change concerned contract language applicable to statewide unit. more or view all topics or full text. | 14 | 21183 | 09/18/90 |
| 0601S | State of California (Department of Personnel Administration, Developmental Services, and Mental Health); State of California (Department of Personnel Administration) (Communications Workers of America/California Association of Psychiatric Technicians) 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General Where the employer interferred with incumbent union's access, cease and desist notice will be appropriate; p. 111, proposed dec. more or view all topics or full text. | 11 | 18020 | 12/30/86 |