All notes for Subtopic 1200.02000 – Cessation of Unfair Practices; Mootness; Isolated Practices

DecisionDescriptionPERC Vol.PERC IndexDate
2803E Oxnard Union High School District
1200.02000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; Cessation of Unfair Practices; Mootness; Isolated Practices
District admitted that it deviated from the status quo and then promptly returned to the status quo. In such circumstances, an employer is liable for a unilateral change, but if the return to the status quo is permanent, PERB may eschew any remedies that are no longer needed. (County of Sacramento (2008) PERB Decision No. 1943-M, p. 8.) more or view all topics or full text.
4611001/26/22
2745M County of Sacramento
1200.02000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; Cessation of Unfair Practices; Mootness; Isolated Practices
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.
453909/18/20
2615M County of Kern
1200.02000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; Cessation of Unfair Practices; Mootness; Isolated Practices
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
A162E Los Angeles Unified School District (Watts)
1200.02000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; Cessation of Unfair Practices; Mootness; Isolated Practices
Pursuant to Regulation 32920(b)(5) and (b)(7), District's voluntary compliance with a cease and desist order and an order to post is a sufficient remedy; p. 4. more or view all topics or full text.
111804702/05/87
0337E Kern Community College District * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
1200.02000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; Cessation of Unfair Practices; Mootness; Isolated Practices
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *Refusal to bargain effects of layoff not rendered moot by parties negotiations on reopener provisions. more or view all topics or full text.
71422908/19/83