All notes for Subtopic 1200.01000 – In General

DecisionDescriptionPERC Vol.PERC IndexDate
2691M * * * JUDICIAL APPEAL PENDING * * * City and County of San Francisco
1200.1000: 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.
01/17/20
2664M City of Palo Alto
1200.1000: 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that the remedial order requiring the employer to bargain in good faith required the employer to reinstate the withdrawn offer.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.
08/21/19
2684E Modoc County Office of Education
1200.1000: 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.
11/27/19
2615M County of Kern
1200.1000: 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.
4310912/21/18
2602M City of Commerce
1200.1000: 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.
438912/11/18
2595E William S. Hart Union High School District
1200.1000: 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.
437411/09/18
2594M County of Orange
1200.1000: 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.
437311/06/18
2594M County of Orange
1200.1000: 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.
437311/06/18
2540M City and County of San Francisco * * * VACATED IN PART by City and County of San Francisco (2019) PERB Decision No. 2540a-M
1200.1000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General
The appropriate remedy for a city charter provision that is an unreasonable local rule under MMBA 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.
425010/20/17
2388Ma City of Palo Alto
1200.1000: 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.
4116204/10/17
2536M City and County of San Francisco
1200.1000: 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.
421406/30/17
2458E Jurupa Unified School District
1200.1000: 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.
407510/23/15
2388M City of Palo Alto * * * SUPERCEDED by City of Palo Alto (2017) PERB Decision No. 2388a-M
1200.1000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General
Our traditional remedy in a unilateral change case is a cease and desist order, coupled with affirmative relief consisting of an order to restore the prior status quo and an order to meet and confer upon request. The appropriate remedy for a violation of the duty to consult 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. Where a charter city without prior good faith consultation acts unilaterally to adopt or amend its rules and regulations for the administration of employer employee relations, whether the unilateral action is direct by adoption of an ordinance or indirect by referring a charter amendment for voter approval, the unilateral action violates MMBA section 3507 and gives rise under section 3509 to the Board’s authority as described in EERA section 3541.5, “to issue a decision and order directing an offending party to cease and desist from the unfair practice and to take such affirmative action, including but not limited to the reinstatement of employees with or without back pay, as will effectuate the policies of this chapter.” more or view all topics or full text.
392508/06/14
2262E Fairfield-Suisun Unified School District
1200.1000: 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.
3617605/08/12
1577M County of Riverside
1200.1000: 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.
284512/31/03
1515E Los Rios College Federation of Teachers, Local 2279 (Deglow)
1200.1000: 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.
274204/03/03

1200.1000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General
PERB's remedial powers are broad; relation of remedy to policy is peculiarly a matter for administrative competence. [210 Cal.App.3d at 189] more or view all topics or full text.

1200.1000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General
While Board properly found that district's practices violated duty to participate in the impasse procedures in good faith, court determined that violations of sections 3543.5(a), (b) and (c) could not stand. Standing alone, Board's finding of a violation of section 3543.5(e) was adequate to support all aspects of the Board's remedial order. [142 Cal.App.3d at 205-206] more or view all topics or full text.
1104S State of California (Department of Corrections) (California Correctional Peace Officers Association)
1200.1000: 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.
192609705/18/95
1006E Gonzales Union High School District
1200.1000: 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.
172411906/25/93
0840S State of California (Department of Mental Health)
1200.1000: 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.
142118309/18/90
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)
1200.1000: 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.
111802012/30/86