All notes for Subtopic 1201.02000 – Reinstatement

DecisionDescriptionPERC Vol.PERC IndexDate
2692M * * * JUDICIAL APPEAL PENDING * * * City of South Pasadena
1201.2000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement
Appropriate remedy for unlawful termination is appropriate make-whole relief including reinstatement. (p. 15.) more or view all topics or full text.
01/30/20
2694M * * * JUDICIAL APPEAL PENDING * * * City of Glendale
1201.2000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement
City directed to reinstate the eliminated bargaining unit classifications, retroactively fill those classifications (from the laid off employees, in seniority order) with the number of employees reinstated commensurate with the amount of bargaining unit work performed by non-bargaining unit employees at all relevant times, and to provide make-whole relief (total compensation including benefits) as part of retroactively restoring the status quo. PERB’s Compliance Officer provided specific guidance regarding how to address the above factors in compliance proceedings, putting the burden on the City to prove any periods of time in which there was so little traditional bargaining unit work being performed that certain of the layoffs and/or failure to recall were during those times the result of a non-bargainable reduction in work rather than a bargainable decision to use non-bargaining unit workers to perform remaining and future work. Remedial order is appropriate even though it necessarily will require PERB’s Compliance Officer to make approximations in resolving remedy disputes. (City of Pasadena (2014) PERB Order No. Ad-406-M, pp. 8, 13-14 & 26-27.) Doing so is generally preferable to “permitting the employer to evade liability because of uncertainty caused by the employer’s own unlawful conduct, and thus leaving an unfair practice unremedied. (Id., p. 26.) more or view all topics or full text.
02/03/20
2615M County of Kern
1201.2000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement
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
2612M County of Lassen
1201.2000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement
Employee should be offered reinstatement to position from which she was terminated; although position required a bachelor’s degree, which employee did not have at time of hire, employee subsequently received her degree prior to reinstatement order. more or view all topics or full text.
4310212/19/18
2385E Bellflower Unified School District
1201.2000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement
The union failed to establish a unilateral reduction of work hours and therefore a traditional make-whole remedy—including reinstatement and back-pay for the classified employees who suffered loss of work—is inappropriate in this matter. Reinstatement of laid-off employees would accomplish more than the District was ever required to do because reinstatement would rescind a decision the District was entitled to make. more or view all topics or full text.
391706/30/14
2336M County of Riverside
1201.2000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement
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
2221E Chula Vista Elementary School District * * * OVERRULED IN PART by Bellflower Unified School District (2017) PERB Order No. Ad-447
1201.2000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement
Reinstatement is not appropriate where the number of positions filled in any given year is dependent on the number of participating/beginning teachers in the Beginning Teacher Support and Assessment (BTSA) Induction Program and selections for the current year had presumably already been made; in such circumstances, the appropriate remedy in lieu of reinstatement is back pay. more or view all topics or full text.
368811/23/11
2262E Fairfield-Suisun Unified School District
1201.2000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement
Reinstatement of employee dismissed in violation of contract provision requiring progressive discipline is appropriate where the “zero tolerance” policy, purporting to be an exception to the progressive discipline policy, was adopted unilaterally without giving the union an opportunity to negotiate over the policy. more or view all topics or full text.
3617605/08/12
1676M Rainbow Municipal Water District
1201.2000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement
It is an appropriate remedy to reinstate Goddard to a position he was offered before his termination. more or view all topics or full text.
2822008/19/04
0965E Livingston Union School District
1201.2000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement
Reinstatement is appropriate for discriminating against probationary teachers by not reelecting them; p. 6; p. 37, proposed dec. more or view all topics or full text.
172402212/10/92
0907H Regents of the University of California (University of California-American Federation of Teachers)
1201.2000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement
Absent exigent circumstances, a remedy should not order something that is in contravention of the contract in a unilateral change case. more or view all topics or full text.
152216610/01/91
0864E Newark Unified School District
1201.2000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement
Where employer involuntarily transferred employee from senior high school to junior high in retaliation for exercise of protected rights, reinstatement to high school order delayed until beginning of next school semester so as to avoid disruption to the educational process; p. 19. more or view all topics or full text.
152202301/14/91
0845H California State University, Fresno
1201.2000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement
Board reinstated probationary employee based on finding that employer unlawfully rejected employee from probation; p. 19. more or view all topics or full text.
142119310/04/90
0826H Regents of the University of California (University of California-American Federation of Teachers) * * * OVERRULED by Long Beach Community College District (2003) PERB Decision No. 1564 and Los Angeles Unified School District (2014) PERB Decision No. 2359
1201.2000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement
Absent exigent circumstances, a remedy should not order something that is in contravention of the contract in a unilateral change case. more or view all topics or full text.
142114207/03/90
0789E Beverly Hills Unified School District
1201.2000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement
Reinstatement and back pay inappropriate where contracting out decision separate from earlier lawful decision to eliminate educational program; status quo ante would have been elimination of the unit work, so bargaining order sufficient to make charging party whole; even if unit position had not been eliminated, no evidence that incumbent temporary employee would have been rehired for the succeeding year; pp. 18-20. more or view all topics or full text.
142104201/19/90
0786E McFarland Unified School District
1201.2000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement
Board ordered reinstatement of probationary teacher resulting in tenure; p. 14, fn. 7) (Affirmed, McFarland USD v. PERB/McFarland Teachers Assn. (1991) 228 Cal.App.3d 166.) more or view all topics or full text.
142103401/03/90
0662E San Diego Community College District * * * REVERSED IN PART by San Diego Adult Educators v. PERB (1990) 223 Cal. App. 3d 1124
1201.2000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement
Reinstatement will not lie as remedy for employer's unlawful subcontracting where evidence shows that District intends to cease offering subcontracted classes. more or view all topics or full text.
121905404/05/88
0540E Oakland Unified School District
1201.2000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement
Reinstatement inappropriate where decision to layoff is non-negotiable. more or view all topics or full text.
101700912/12/85
0500E Santa Clara Unified School District
1201.2000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement
Reinstatement to be delayed if respondent can show that position would not presently be available in normal course of events. more or view all topics or full text.
91611604/11/85
0373E Mt. Diablo Unified School District  * * * REVERSED IN PART BY Mt. Diablo Unified School District (1984) PERB Decision No. 373b
1201.2000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement
Since decision to layoff was nonnegotiable, reinstatement of laid off employees found inappropriate; p. 70. more or view all topics or full text.
81501712/30/83
0368E San Diego Community College District
1201.2000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement
District ordered to grant contract status prospectively only, where retroactive status would contravene requirements of Education Code mandating evaluation and final determination by employer; pp. 27-29. more or view all topics or full text.
81500912/22/83
0360Ea Arcohe Union School District
1201.2000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement
Return of two positions to unit to provide custodial services denied by board on grounds management has right to determine level of service to be provided. more or view all topics or full text.
81509005/16/84
0360E Arcohe Union School District
1201.2000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement
Board declines to order reinstatement of employees terminated after school board subcontracts custodial services. more or view all topics or full text.
71429411/23/83
0326E Oakland Unified School District
1201.2000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement
Board empowered to order reinstatement where layoff but declines and orders modified remedy because employer had authority to make decision to lay off. more or view all topics or full text.
71419507/11/83
0312E Eastern Sierra Unified School District
1201.2000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement
Remedy of reinstatement and back pay is not appropriate where there is no finding of an unlawful deprivation of the job itself; p. 8. more or view all topics or full text.
71416005/24/83
0271E Lemoore Union High School District
1201.2000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement
Remedy of backpay and placement in comparable job is inappropriate where no finding of unlawful deprivation of job; p. 3. more or view all topics or full text.
71402612/28/82
0134E San Ysidro School District
1201.2000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement
Reinstatement and back pay appropriate where some conduct protected and some not; pp. 19-20. more or view all topics or full text.
41110506/19/80