All notes for Subtopic 1200.01000 – In General
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2904E |
Clovis Unified School District
1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General
Non-customary remedies are appropriate in a variety of circumstances, including where conduct was egregious, intentional, systematic, or repeated; or whenever customary remedies are insufficient, including but not limited due to the nature or duration of the conduct. (Regents of the University of California (2021) PERB Decision No. 2755-H, pp. 55-56.) Such circumstances notably include PEDD and EERA violations that have such long-lasting impacts on employee free choice that traditional remedies may be inadequate to restore such free choice. (Ibid.; Children of Promise Preparatory Academy (2018) PERB Order No. Ad-470, p. 6 & adopting administrative determination at p. 4.) (p. 54.) more or view all topics or full text. |
49 | 14 | 06/20/24 |
| 2915H |
Trustees of the California State University * * * PARTIALLY VACATED AND PARTIALLY SUPERSEDED BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H * * *
1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General
PARTIALLY VACATED AND PARTIALLY SUPERSEDED ON OTHER GROUNDS BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H.
When an employer does not fulfill its decision bargaining obligation, PERB’s standard remedy includes a cease-and-desist order, restoring the status quo ante via a rescission order, make-whole relief, and a prospective order to bargain. (The Accelerated Schools (2023) PERB Decision No. 2855, p. 18 (Accelerated Schools); Pittsburg Unified School District (2022) PERB Decision No. 2833, p. 14.) However, the proper remedies sometimes differ when an employer has no decision bargaining obligation and instead violates its duty to bargain effects. (Accelerated Schools, supra, PERB Decision No. 2855, p. 19.) (p. 28.) more or view all topics or full text. |
49 | 45 | 08/19/24 |
| 2900M |
* * * JUDICIAL APPEAL PENDING * * * County of Santa Clara
1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General
The Legislature has vested PERB with broad authority to decide what remedies are necessary to effectuate the purposes and policies of the MMBA and the other acts we enforce. (MMBA, § 3509, subd. (b); Mt. San Antonio Comm. College Dist. v. Public Employment Relations Bd. (1989) 210 Cal.App.3d 178, 189.) PERB remedies must serve the dual purposes of compensating for the harm a violation causes and deterring further violations. (County of San Joaquin v. Public Employment Relations Bd. (2022) 82 Cal.App.5th 1053, 1068.) Moreover, a “properly designed remedial order seeks a restoration of the situation as nearly as possible to that which would have obtained but for the unfair labor practice.” (Modesto City Schools (1983) PERB Decision No. 291, pp. 67-68.) (p. 25.) more or view all topics or full text. |
48 | 169 | 04/23/24 |
| 2888S |
State of California (California Correctional Health Care Services)
1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General
It does not infringe on SPB’s jurisdiction for PERB to issue a remedy based upon proof by a preponderance of the evidence establishing what level of discipline the state would have issued absent protected activities. First, SPB’s jurisdiction to review disciplinary actions taken against state civil service employees is consistent with the concurrent jurisdiction of PERB---a “watchdog” agency---to provide a full remedy if such employees establish that the state discriminated against them in issuing discipline. (State Personnel Bd. v. Fair Employment and Housing Com. (1985) 39 Cal.3d 422, 437-440 [the Legislature has designated “watchdog agencies” like PERB to remedy discrimination and therefore reinforce the constitutional merit principle] (FEHC).) Supreme Court precedent further instructs that where SPB jurisdiction overlaps with that of another watchdog agency, “such as where a disciplinary action is alleged to have been motivated by antiunion animus,” the proper approach is to “harmonize the disparate procedures rather than simply invalidate one or the other.” (FEHC, supra, 39 Cal.3d at p. 438, citing Pacific Legal Foundation v. Brown (1981) 29 Cal.3d 168, 197.) One means of harmonizing is to take a standard approach to collateral estoppel, in which granting collateral estoppel to another agency’s findings may or may not be dispositive in a separate claim, depending on the circumstances. In this way, PERB’s jurisdiction to enforce the Dills Act does “not supplant” SPB jurisdiction, nor is it “supplanted by” SPB’s jurisdiction. (FEHC, supra, 39 Cal.3d at pp. 431; see also State of California (Correctional Health Care Services) (2021) PERB Decision No. 2760-S, pp. 36-41 [PERB may remedy discriminatory conduct against a state civil service employee despite a contrary order of the SPB]; State of California (Department of Transportation) (1984) PERB Decision No. 459-S, pp. 8-9 [“SPB has been granted the authority to review disciplinary actions,” but PERB is “charged with reviewing those same disciplinary actions when the charge involves a claim that the exercise of [Dills Act] rights was a motivating factor in the decision to discipline,” meaning that an SPB order “poses no impediment” to PERB directing the state to rescind three discriminatory disciplinary actions].) (pp. 35-36.) more or view all topics or full text. |
48 | 124 | 02/08/24 |
| 2888S |
State of California (California Correctional Health Care Services)
1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General
The Dills Act vests PERB with the authority to determine “what remedy is necessary to effectuate the purposes of this chapter.” (§ 3514.5, 1st par.) In a separate subdivision, the Dills Act notes that this authority includes 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.” (§ 3514.5, subd. (c).) Identical language appears in other statutes under PERB’s jurisdiction, and courts have uniformly found it to grant PERB broad remedial power. (See, e.g., Mt. San Antonio Community College Dist. v. Public Employment Relations Bd. (1989) 210 Cal.App.3d 178, 189-190.) An appropriate remedy must fully compensate affected employees for harm caused by an unfair practice and serve as a deterrent to future misconduct, so long as the order is not a patent attempt to achieve ends beyond the law’s purposes. (State of California (Correctional Health Care Services) (2021) PERB Decision No. 2760-S, p. 35.) (p. 35.) more or view all topics or full text. |
48 | 124 | 02/08/24 |
| 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 * * * CLARIFIED BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H * * *
1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General
CLARIFIED ON OTHER GROUNDS BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H.
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 |
| 2594M |
County of Orange * * * CLARIFIED BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H * * *
1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General
CLARIFIED ON OTHER GROUNDS BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H.
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 |
| 2388Ma |
City of Palo Alto * * * CLARIFIED BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H * * *
1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General
CLARIFIED ON OTHER GROUNDS BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H.
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 |
| 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 |
| 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 |