All notes for Subtopic 1201.02000 – Reinstatement
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2855E | The Accelerated Schools 1201.02000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement PERB need not remedy all effects bargaining violations in the same manner. Reinstatement and retroactive back pay need not go hand in hand. (Bellflower Unified School District (2022) PERB Decision No. 2544a, p. 33, fn. 16 [reinstatement and back pay are separate remedies]; County of Riverside (2013) PERB Decision No. 2336-M, p. 16 [same].) While an effects remedy need not include reinstatement, it should at least include retroactive back pay in those circumstances where the employer has violated its bargaining duty but has neither closed a facility nor ceased offering a service. Thus, PERB endorses Transmarine-type remedies (no reinstatement and back pay begins when the parties start effects negotiations and continues for the length of those negotiations or for two weeks, whichever is greater) when the employer’s violation arises from closing a facility or ceasing a service, but not otherwise. (See Transmarine Navigation Corp. (1968) 170 NLRB 389 (Transmarine).) PERB orders full back pay, typically without reinstatement in those instances where Transmarine does not effectuate the law’s purposes, i.e., in instances other than closing a facility or ceasing a service. Full back pay is the minimum necessary to deter effects bargaining violations and compensate for the loss of a chance to bargain at a meaningful time, which is exceedingly difficult to restore later. Withholding reinstatement, however, eases the employer’s ability to promptly rectify its failure to bargain effects without having to fully restore the status quo. (pp. 28-30.) more or view all topics or full text. | 47 | 139 | 03/17/23 |
| 2855E | The Accelerated Schools 1201.02000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement If an employer has no decision bargaining obligation but violates its duty to bargain effects, PERB does not necessarily direct the employer to rescind its underlying decision. (County of Santa Clara (2021) PERB Decision No. 2799-M, pp. 28-29.) If PERB does not order reinstatement or other forms of rescission for an effects bargaining violation, full retroactive back pay may be necessary to provide adequate compensation, deterrence, and a level field for fair effects negotiations. (p. 19.) more or view all topics or full text. | 47 | 139 | 03/17/23 |
| 2855E | The Accelerated Schools 1201.02000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement Where PERB orders reinstatement, back pay ends on the reinstatement date. The employer may then provide the union with notice and an opportunity to bargain over a new, prospective decision, meaning it may eventually effect its desired change by reaching an agreement or by imposing its last, best, and final offer after bargaining to a good faith impasse and participating in good faith in all required and agreed upon impasse procedures. Because reinstated employees are back at work throughout such negotiations, neither party must bargain from a position of unlawful advantage or disadvantage. (Bellflower Unified School District (2022) PERB Decision No. 2544a, pp. 21, 23-24 [reinstatement is a critical part of restoring the status quo, which is necessary before parties can engage in fair negotiations]; County of Merced (2020) PERB Decision No. 2740-M, pp. 21-23 [if employer fails to rescind its unlawful decision and restore the status quo, good faith decision bargaining is impossible].) (pp. 18-19.) more or view all topics or full text. | 47 | 139 | 03/17/23 |
| 2544Ea | Bellflower Unified School District 1201.02000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement Improperly laid-off employees who ceased mitigation efforts did not waive reinstatement, particularly given that “back pay and reinstatement are two separate remedies.” (County of Riverside (2013) PERB Decision No. 2336-M, p. 16.) more or view all topics or full text. | 46 | 143 | 03/24/22 |
| 2757M | City and County of San Francisco 1201.02000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement PERB has ordered that even when a retaliatory transfer was effectuated in accordance with existing procedures that does not foreclose an order requiring the respondent to offer charging party reinstatement to his former position, or a substantially similar position. (pp. 15-16.) more or view all topics or full text. | 45 | 84 | 03/03/21 |
| 2692M | City of South Pasadena * * * Remedial Order VACATED and MODIFIED by City of South Pasadena (2021) PERB Decision No. 2692a-M 1201.02000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement * * * 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 is appropriate make-whole relief including reinstatement. (p. 15.) more or view all topics or full text. | 44 | 131 | 01/30/20 |
| 2694M | City of Glendale 1201.02000: 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. | 44 | 135 | 02/03/20 |
| 2615M | County of Kern 1201.02000: 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. | 43 | 109 | 12/21/18 |
| 2612M | County of Lassen 1201.02000: 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. | 43 | 102 | 12/19/18 |
| 2385E | Bellflower Unified School District 1201.02000: 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. | 39 | 17 | 06/30/14 |
| 2336M | County of Riverside 1201.02000: 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. | 38 | 62 | 10/18/13 |
| 2221E | Chula Vista Elementary School District * * * OVERRULED IN PART by Bellflower Unified School District (2017) PERB Order No. Ad-447 1201.02000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement * * * OVERRULED IN PART ON OTHER GROUNDS by Bellflower Unified School District (2017) PERB Order No. Ad-447. * * *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 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. | 36 | 88 | 11/23/11 |
| 2262E | Fairfield-Suisun Unified School District 1201.02000: 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. | 36 | 176 | 05/08/12 |
| 1676M | Rainbow Municipal Water District 1201.02000: 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. | 28 | 220 | 08/19/04 |
| 0965E | Livingston Union School District 1201.02000: 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. | 17 | 24022 | 12/10/92 |
| 0907H | Regents of the University of California (University of California-American Federation of Teachers) 1201.02000: 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. | 15 | 22166 | 10/01/91 |
| 0864E | Newark Unified School District 1201.02000: 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. | 15 | 22023 | 01/14/91 |
| 0845H | California State University, Fresno 1201.02000: 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. | 14 | 21193 | 10/04/90 |
| 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 1201.02000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement * * * OVERRULED ON OTHER GROUNDS by Long Beach Community College District (2003) PERB Decision No. 1564 and Los Angeles Unified School District (2014) PERB Decision No. 2359. * * *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. | 14 | 21142 | 07/03/90 |
| 0789E | Beverly Hills Unified School District 1201.02000: 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. | 14 | 21042 | 01/19/90 |
| 0786E | McFarland Unified School District 1201.02000: 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. | 14 | 21034 | 01/03/90 |
| 0662E | San Diego Community College District * * * REVERSED IN PART by San Diego Adult Educators v. PERB (1990) 223 Cal. App. 3d 1124 1201.02000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement * * * REVERSED IN PART by San Diego Adult Educators v. Public Employment Relations Bd. (1990) 223 Cal.App.3d 1124, where the Court of Appeal held that contracting with a private foundation to provide language classes two months after the district decided to discontinue such classes and laid off the instructors who taught them was not an unlawful unilateral change. * * *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. | 12 | 19054 | 04/05/88 |
| 0540E | Oakland Unified School District 1201.02000: 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. | 10 | 17009 | 12/12/85 |
| 0500E | Santa Clara Unified School District 1201.02000: 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. | 9 | 16116 | 04/11/85 |
| 0373E | Mt. Diablo Unified School District * * * OVERRULED IN PART by Mt. Diablo Unified School District (1984) PERB Decision No. 373b and OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * * 1201.02000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement * * * OVERRULED IN PART ON OTHER GROUNDS by Mt. Diablo Unified School District (1984) PERB Decision No. 373b. * * * * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855, where the Board clarified the shorter back pay remedy originating in Transmarine Navigation Corp. (1968) 170 NLRB 389 (where back pay begins when the parties start effects negotiations and continues for the length of those negotiations or for two weeks, whichever is greater) effectuates the purposes of California public sector labor law only if the effects negotiations arose because of a decision to close a facility or cease offering a service. * * *Since layoff decision was nonnegotiable, reinstatement of laid off employees found inappropriate; p. 70. more or view all topics or full text. | 8 | 15017 | 12/30/83 |
| 0368E | San Diego Community College District 1201.02000: 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. | 8 | 15009 | 12/22/83 |
| 0360Ea | Arcohe Union School District 1201.02000: 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. | 8 | 15090 | 05/16/84 |
| 0360E | Arcohe Union School District 1201.02000: 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. | 7 | 14294 | 11/23/83 |
| 0326E | Oakland Unified School District * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * * 1201.02000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Reinstatement * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855, where the Board clarified the shorter back pay remedy originating in Transmarine Navigation Corp. (1968) 170 NLRB 389 (where back pay begins when the parties start effects negotiations and continues for the length of those negotiations or for two weeks, whichever is greater) effectuates the purposes of California public sector labor law only if the effects negotiations arose because of a decision to close a facility or cease offering a service. * * *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. | 7 | 14195 | 07/11/83 |
| 0312E | Eastern Sierra Unified School District 1201.02000: 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. | 7 | 14160 | 05/24/83 |
| 0271E | Lemoore Union High School District 1201.02000: 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. | 7 | 14026 | 12/28/82 |
| 0134E | San Ysidro School District 1201.02000: 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. | 4 | 11105 | 06/19/80 |