All notes for Subtopic 1201.03000 – Back Pay; Interest
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2855E | The Accelerated Schools 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest 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 arose 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 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest To remedy an effects bargaining obligation, PERB generally directs the offending employer to provide back pay from the first date that employees began to experience harm until the earliest of: (1) the date the parties reach an agreement, typically as part of complying with PERB’s effects bargaining order; (2) the date the parties reach a good faith final impasse, including exhaustion of any required or agreed upon post-impasse procedures; or (3) the date the union fails to pursue effects negotiations in good faith. (County of Santa Clara (2021) PERB Decision No. 2799-M, p. 28; County of Ventura (2021) PERB Decision No. 2758-M, pp. 53 & 56; Region 2 Court Interpreter Employment Relations Committee & California Superior Courts of Region 2 (2020) PERB Decision No. 2701-I, p. 58; County of Santa Clara (2019) PERB Decision No. 2680-M, p. 14.) 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. PERB overruled, in part, eight older PERB decisions in which the Board extended Transmarine beyond its proper scope. The eight overruled decisions are: South Bay Union School District Board of Trustees (1982) PERB Decision No. 207a, pp. 3-4; Solano County Community College District (1982) PERB Decision No. 219, pp. 17-18; Oakland Unified School District (1983) PERB Decision No. 326, pp. 46-47; County of Kern (1983) PERB Decision No. 337, p. 14; Mt. Diablo Unified School District (1983) PERB Decision No. 373, pp. 67-71; Mt. Diablo Unified School District (1984) PERB Decision No. 373b, pp. 25-26; Placentia Unified School District (1986) PERB Decision No. 595, p. 11 & adopting proposed decision at pp. 26- 28; and Regents of the University of California (Lawrence Livermore National Laboratory) (1997) PERB Decision No. 1221-H, p. 4 & adopting proposed decision at pp. 32-33. (pp. 19, 20, 24, 30, 31 & fn. 14.) more or view all topics or full text. | 47 | 139 | 03/17/23 |
| 2826M | Tahoe-Truckee Sanitation Agency 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest In 2010 the NLRB began including daily compound interest in all monetary relief. (Bellflower Unified School District (2022) PERB Decision No. 2544a, p. 41, fn. 23 [judicial appeal pending] (Bellflower), citing Kentucky River Medical Center 356 NLRB 6, 6.) The Board declined to reach that issue in Bellflower due to an agreement between the parties to apply simple annual interest. (Ibid.) Although the Board similarly did not reach the issue in this matter in light of the parties’ request to withdraw, it noted the possibility of considering whether PERB should adopt that method of calculating interest in a future case. more or view all topics or full text. | 47 | 30 | 07/07/22 |
| 2544Ea | Bellflower Unified School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest When an unlawfully laid-off employee takes on a primary replacement job but also a second job that he or she could have taken even absent the layoff, such extra wages do not normally offset lost wages. (NLRB v. Community Health Services (10th Cir. 2016) 812 F.3d 768, 777.) more or view all topics or full text. | 46 | 143 | 03/24/22 |
| 2544Ea | Bellflower Unified School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest In calculating backpay, it is appropriate to use reasonable approximations or averages. (San Jacinto Unified School District (1994) PERB Decision No. 1078, p. 4 & adopting proposed decision at pp. 38-39.) It is standard to incorporate wage increases into backpay calculations. more or view all topics or full text. | 46 | 143 | 03/24/22 |
| 2544Ea | Bellflower Unified School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Make-whole relief includes tax neutralization, which is make-whole relief to cover potential increased tax liability employees may incur from a lump sum backpay award that artificially moves earnings from multiple tax years into a single tax year, thereby making large parts of such income taxable at a higher rate. (County of Ventura (2021) PERB Decision No. 2758-M, p. 56, fn. 23.) In most cases, even though a charging party has not yet incurred the tax liability warranting neutralization, the charging party has the burden to estimate likely tax consequences in the compliance stage. Whether the charging party engages a professional or relies on tax software or an online tax calculator, the charging party must detail the basis for its estimate, thereby allowing the respondent a chance to contest the estimate and the compliance officer to assess what level of tax neutralization, if any, is appropriate based on a preponderance of the evidence. more or view all topics or full text. | 46 | 143 | 03/24/22 |
| 2544Ea | Bellflower Unified School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest PERB described the methodology for calculating interest payments where the backpay period spans more than one year, and the Board noted that interest may be calculated on a spreadsheet, or by use of interest calculators which are readily available on the internet. more or view all topics or full text. | 46 | 143 | 03/24/22 |
| 2544Ea | Bellflower Unified School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Interim employment expenses are a type of consequential damages that are recoverable in full and do not offset interim employment earnings for purposes of calculating net backpay (overruling Otay Water District (2004) PERB Decision No. 1634-M to the extent it is inconsistent with this decision). Thus, a compliance officer should calculate interim employment expenses as a stand-alone form of consequential damages rather than as part of determining net lost pay. Under this approach, compliance officers should award interim employment expenses in full, with interest, regardless of an employee’s employment earnings. more or view all topics or full text. | 46 | 143 | 03/24/22 |
| 2544Ea | Bellflower Unified School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest PERB described the methodology for calculating various components of reinstated employees’ net losses. Losses related to post-employment benefits, including retiree health benefit losses, defined contribution plan losses, and CalPERS defined benefit plan losses, are compensable. (Contra Costa County Fire Protection District (2019) PERB Decision No. 2632-M, p. 58; City of San Diego (2015) PERB Decision No. 2464-M, p. 45, affirmed sub nom. Boling v. Public Employment Relations Bd. (2018) 5 Cal.5th 898, 920.) Making employees whole for defined benefit losses normally requires an offending employer to remit contributions to the pension plan to ensure that the employees receive service credit for the backpay period, thereby placing them in the same situation as if the unfair practice had not occurred. (See, e.g., City of Glendale (2020) PERB Decision No. 2694-M, p. 74; Gov. Code, § 20969.3 [applicable to terminations of CalPERS participants on or after January 1, 2017]; Matter of Kareemah M. Bradford (2017) CalPERS Board Decision No. 17-01 [proper to restore service credit to CalPERS participants who were terminated prior to January 1, 2017 and then reinstated].) Any interest owed to the pension plan, on either party’s contributions, is the employer’s responsibility. (City of Glendale, supra, PERB Decision No. 2694-M, p. 74.) Such arrangements may become more complicated if an employee began withdrawing retirement benefits during the backpay period. Such an employee can choose to “unretire” (which may involve paying back distributions already received, with the goal of a more valuable retirement benefit later) or to choose an alternate means of estimating retirement benefit losses. (Id. at p. 73; Gov. Code, § 21198.) more or view all topics or full text. | 46 | 143 | 03/24/22 |
| 2544Ea | Bellflower Unified School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest PERB described the methodology for calculating various components of reinstated employees’ net losses. If an employee must pay more for medical, dental, and/or vision insurance, then PERB will calculate the difference either on an annual basis or across any reasonable timeframe. If an employee has no access to one or more types of health insurance offered previously, or the employee declines higher cost insurance available through an interim employer or otherwise, the employee may instead seek reimbursement for out-of-pocket costs of uncovered care. At times, it is proper to use a combination of methods. more or view all topics or full text. | 46 | 143 | 03/24/22 |
| 2544Ea | Bellflower Unified School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest PERB described the methodology for calculating various components of reinstated employees’ net losses. To estimate net lost wages (before interest), it is proper to project the annual wages an employee would have received if still working for the employer, and then to subtract wages earned from alternative jobs the employee could not have held while employed with the employer. If an employee’s offsetting wages equal or exceed the employee’s projected wages with the employer in any year, then the employee’s net lost wages for that year are zero. Excess offset income from one year neither offsets losses in a different year nor offsets benefits-related losses. more or view all topics or full text. | 46 | 143 | 03/24/22 |
| 2544Ea | Bellflower Unified School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Unemployment benefits are not interim earnings that offset employee damages. However, receipt of such benefits is at least relevant evidence on the issue of efforts to mitigate; to receive benefits, unemployment applicants must apply for new jobs or engage in a reasonable education or training program. more or view all topics or full text. | 46 | 143 | 03/24/22 |
| 2544Ea | Bellflower Unified School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Applying for or receiving retirement benefits does not mean an employee has left the workforce, so long as the employee is otherwise attempting to mitigate losses and willing to return to work. An employee may experience severe economic stress after a wrongful layoff or termination and may have to tap retirement benefits to make ends meet. This does not, by itself, reflect a decision to stop working. Nonetheless, if an employee who begins drawing retirement income also stops mitigation efforts, the latter decision appropriately affects the employee’s backpay award going forward. more or view all topics or full text. | 46 | 143 | 03/24/22 |
| 2544Ea | Bellflower Unified School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest The duty to mitigate damages is not a difficult hurdle. (Bellflower Unified School District (2019) PERB Order No. Ad-475, p. 10.) Efforts to mitigate damages need not be successful; employees must only undertake them in good faith. (County of Lassen (2018) PERB Decision No. 2612-M, p. 9.) Employees must show an inclination to be self-supporting, but need not seek work that is more onerous than their prior employment, need not confine themselves to looking for jobs earning the same level of compensation as they had previously earned, and need not remain in the same industry. (Ibid.) Moreover, an employee who pursues an educational opportunity satisfies the duty to mitigate by combining school with job hunting or by reasonably deciding that additional education is the best path toward gainful employment. (Id. at p. 10.) Self-employment also satisfies the duty to mitigate. (County of Riverside (2013) PERB Decision No. 2336-M, adopting proposed decision at p. 19) more or view all topics or full text. | 46 | 143 | 03/24/22 |
| 2544Ea | Bellflower Unified School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Within a reasonable time, terminated employees have a duty to mitigate losses by taking steps consistent with the inclination to find new work and be self-supporting. (County of Lassen (2018) PERB Decision No. 2612-M, pp. 8-9.) A respondent that violated the law has the burden of establishing that an employee did not make a good faith effort to mitigate damages. (Id. at p. 8.) First, the respondent must show that: “(1) a number of positions were available that are substantially equivalent to the one previously held by the claimant; (2) the claimant would have qualified for one of these positions; and (3) the claimant did not apply for these positions.” (Fresno County Office of Education (1996) PERB Decision No. 1171, adopting proposed decision at p. 4.) If the respondent establishes each of these elements, the employee may still satisfy the duty to mitigate by showing other reasonable efforts via testimony or other reliable evidence of good faith job hunting efforts. (Id., adopting proposed decision at pp. 4-5.) Resolving whether an employee made reasonable efforts does not turn on any single category of potential job applications, much less any one application. As with other issues causing uncertainty in the amount of damages owed, PERB resolves uncertainty about mitigation against the wrongdoer. (Bellflower Unified School District (2019) PERB Order No. Ad-475, p. 10; City of Pasadena (2014) PERB Order No. Ad-406-M, p. 27.) more or view all topics or full text. | 46 | 143 | 03/24/22 |
| 2758M | County of Ventura 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest In certain cases involving back pay awards, an appropriate make-whole remedy may include an order requiring compensation for increased tax liability resulting from a lump sum back pay award that covers more than one calendar year. (See, e.g., Don Chavas, LLC (2014) 361 NLRB 101, 102; Economy v. Sutter East Bay Hospitals (2019) 31 Cal.App.5th 1147, 1163-1164; Clemens v. CenturyLink, Inc. (9th Cir. 2017) 874 F.3d 1113, 1117.) Although the case before the Board did not present facts implicating so-called “tax neutralization,” it noted that PERB’s broad statutory authority to investigate and remedy violations of the MMBA empowers it to order this relief where appropriate. (p. 56, fn. 23.) more or view all topics or full text. | 45 | 87 | 03/23/21 |
| 2761M | County of San Joaquin 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest In a case involving a post-strike furlough resulting from a replacement contract containing a minimum shift guarantee, PERB ordered the County to provide all lost compensation, including but not limited to wages, differentials, accruals, and other benefits, to those nurses who were scheduled to work on the three post-strike days, but whom the County barred from work on such a scheduled day. PERB’s Order included nurses who were subsequently called back to work but did not return during that period, given that it was reasonable for employees to believe they had the contractual right not to return once they were furloughed. more or view all topics or full text. | 45 | 92 | 04/12/21 |
| 2760S | State of California (Correctional Health Care Services) 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest It was not clear from the proposed decision why the ALJ did not award interest. The Board found no cause to depart from its well-established precedent regarding back pay interest. (Sonoma County Superior Court (2017) PERB Decision No. 2532-C, p. 42 [“Back pay, front pay and/or other monetary awards, plus interest, are an ordinary part of Board-ordered remedies where necessary to compensate injured parties or affected employees for out-of-pocket losses caused, in whole or in part, by an unfair practice”]; State of California (Department of Corrections) (2001) PERB Decision No. 1435-S, at p. 49; Regents of the University of California (1997) PERB Decision No. 1188-H, pp. 33-35.) more or view all topics or full text. | 45 | 91 | 04/12/21 |
| 2757M | City and County of San Francisco 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest The finding of an unfair practice creates a presumption that employees suffered some financial loss as a result of the employer’s unlawful conduct; thus, it is appropriate to give charging party an opportunity to establish in compliance proceedings that he suffered a financial loss due to his placement on administrative leave and his subsequent reassignment. (p. 14.) more or view all topics or full text. | 45 | 84 | 03/03/21 |
| 2731M | City of Culver City 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest As part of a standard unilateral change remedy, make whole relief is warranted if it is more likely than not that employees suffered a harm. Make whole relief compensates employees for the difference between what they actually earned and what they would have earned, but for the employer’s unlawful conduct. [Citation.] Beyond the practical value of such monetary relief, make whole relief also serves an important policy purpose in ensuring that employees are not punished for vindicating their rights, while also acting as a deterrent against future unlawful conduct. [Citation.] As the ALJ observed, PERB may order backpay even though its measure is imprecise. [Citations.] That was arguably the case here. The employer paid employees for all hours worked at appropriate rates. Nevertheless, harm may be quantified in a number of ways, not only increased workload or reduced pay. Here, the schedule changes resulted in employees’ workdays being extended by one hour. While the employer was authorized to implement the schedule changes during the life of the prior memorandum of understanding (MOU) and after the successor MOU took effect, for the period from November 13, 2017, when the employer implemented the schedule change, to November 27, 2017, when the City Council adopted the successor MOU, the changes were unlawful. The best measure of the value of this time would be an hour’s pay per day. However, the Board did not order such a make whole remedy as the ALJ declined to order back pay and the union did not except to the ALJ’s remedial order. (pp. 26-27.) more or view all topics or full text. | 45 | 6 | 06/10/20 |
| A475E | Bellflower Unified School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest In direct response to the employer’s contention that the affected employees should have obtained employment from the unlawful subcontractor, it should be self-evident that a wrongfully terminated employee was not required to break with her union or violate her union convictions under the guise of mitigation. Here, the union correctly protested the employer’s unlawful decision to subcontract school bus services to another school district, therefore the affected employees were under no obligation to abandon their union by accepting employment with the unlawful subcontractor. Indeed, the notion that the duty of mitigation required the affected employees to accept employment from the subcontractor under these circumstances is analogous to a suggestion that unlawfully fired workers must cross a picket line to maintain interim employment and become strikebreakers or else forfeit their right to backpay. The Board rejected such a notion as antithetical to the rights guaranteed by EERA. (p. 11.) more or view all topics or full text. | 44 | 64 | 09/13/19 |
| A475E | Bellflower Unified School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest A finding by the Board that an unfair labor practice was committed is presumptive proof that at least some backpay is owed. The burden of establishing that employees failed to mitigate their economic losses rests squarely on the employer that committed the wrongful acts giving rise to those losses. “To establish a failure to mitigate, the employer must demonstrate that the claimant failed to make efforts consistent with the inclination to work and to be self-supporting. Claimants are not expected to seek a job more onerous that [sic] the one from which they were removed but rather are expected to seek a substantially equivalent job.” [Citation.] A “wrongfully-discharged employee is only required to make a reasonable effort to mitigate damages, and is not held to the highest standard of diligence. This burden is not onerous, and does not mandate that the [employee] be successful in mitigating the damage.” [Citation.] It is well established that “any uncertainty [as to backpay] must be resolved against the wrongdoer whose conduct made certainty impossible.” [Citation.] (p. 10.) more or view all topics or full text. | 44 | 64 | 09/13/19 |
| 2692M | City of South Pasadena * * * Remedial Order VACATED and MODIFIED by City of South Pasadena (2021) PERB Decision No. 2692a-M 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest * * * 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 backpay. (p. 15.) more or view all topics or full text. | 44 | 131 | 01/30/20 |
| 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest As part of a standard unilateral change remedy, make whole relief is warranted if it is more likely than not that employees suffered a harm. Make whole relief compensates employees for the difference between what they actually earned and what they would have earned, but for the employer’s unlawful conduct. [Citation.] Beyond the practical value of such monetary relief, make whole relief also serves an important policy purpose in ensuring that employees are not punished for vindicating their rights, while also acting as a deterrent against future unlawful conduct. [Citation.] As the ALJ observed, PERB may order backpay even though its measure is imprecise. [Citations.] That was arguably the case here. The employer paid employees for all hours worked at appropriate rates. Nevertheless, harm may be quantified in a number of ways, not only increased workload or reduced pay. Here, the schedule changes resulted in employees’ workdays being extended by one hour. While the employer was authorized to implement the schedule changes during the life of the prior memorandum of understanding (MOU) and after the successor MOU took effect, for the period from November 13, 2017, when the employer implemented the schedule change, to November 27, 2017, when the City Council adopted the successor MOU, the changes were unlawful. The best measure of the value of this time would be an hour’s pay per day. However, the Board did not order such a make whole remedy as the ALJ declined to order back pay and the union did not except to the ALJ’s remedial order. (pp. 26-27.) more or view all topics or full text. | ||||
| 2674Ma | Orange County Employees Association (Hamilton) 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest In duty of fair representation cases, employees are only entitled to an award of back pay or other damages where they can show that the union’s breach was the actual or proximate cause of their injuries. It is incumbent upon the charging party to put evidence of causation into the record during PERB’s hearing process. (p. 4.) more or view all topics or full text. | 44 | 108 | 12/11/19 |
| 2694M | City of Glendale 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest City ordered to make bargaining unit employees made whole for any losses they may have suffered due to the City’s unlawful unilateral imposition of terms and conditions of employment, along with interest at the rate of 7 percent per annum from date of imposition until such time as the City restores conditions as they existed before imposition, or until the effective date of any new collective bargaining agreement between the parties, whichever is earlier. more or view all topics or full text. | 44 | 135 | 02/03/20 |
| 2632M | Contra Costa County Fire Protection District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest As in Santa Monica Community College District (1979) PERB Decision No. 103 [denying salary increase after union refused to waive its right to negotiate over salary], the District’s discriminatory conduct in this case consists of denying an employment benefit to some employees, while granting the same benefit to others, on the basis of protected activity. An effective make-whole remedy in this case therefore includes ordering the District to make Association-represented employees whole until such interference and discrimination cease. Additionally, as in Santa Monica CCD, the appropriate measure of backpay and back benefits is not what the employees affected by unlawful discrimination might have obtained through negotiations between their representative and the employer, but the benefit actually granted to other, employees not engaged in protected activity. more or view all topics or full text. | 43 | 150 | 03/07/19 |
| 2632M | Contra Costa County Fire Protection District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest We follow the Legislature’s directive and controlling judicial interpretations of the MMBA in concluding that where a public employer has interfered with and/or discriminated on the basis of protected rights, PERB may properly order awards of backpay and/or retroactive benefits until the interference and/or discrimination have ceased, or such other affirmative relief as may be necessary to effectuate the policies and purposes of the MMBA. more or view all topics or full text. | 43 | 150 | 03/07/19 |
| 2632M | Contra Costa County Fire Protection District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Board finds no merit in the District’s implicit argument that its constitutional power to determine wages precludes PERB from ordering backpay to remedy interference and/or discrimination. The MMBA incorporates by reference the Board’s broad powers under EERA to effectuate the purposes of the Act. (MMBA, § 3509, subds. (a), (b); Gov. Code, § 3541.3, subds. (i), (n).) By contrast, the MMBA expressly limits PERB’s power to award monetary damages only in cases involving an unlawful strike, which is not at issue here. (MMBA, § 3509, subd. (b).) Thus, the principle that the expression of one thing excludes others further confirms that PERB’s broad remedial powers include the power to direct public agencies to compensate employees with backpay, or other forms of remuneration necessary to make employees whole or to otherwise effectuate the statute’s purposes. more or view all topics or full text. | 43 | 150 | 03/07/19 |
| 2618E | Antelope Valley Community College District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Next, we turn to the Federation’s contention that all affected unit employees are entitled to the above-described remedy regardless of whether the Federation proved that each one opposed the District’s workweek change. We concur with the Federation’s view for two principal reasons. First, we must adopt that approach in order to effectuate the purposes of EERA. We cannot give effect to undocumented and unproven employee “approvals,” especially since the District claims to have obtained these approvals when it refused to honor a contractually-required majority vote and unilaterally adopted a new policy allowing for one-on-one discussions in which supervisors could extract “approvals” from individual employees. Second, the Federation’s approach is more consistent with precedent. As noted, PERB orders make whole relief to compensate employees for the difference between what they actually earned and what they would have earned, but for the employer’s illegal conduct. more or view all topics or full text. | 43 | 113 | 12/28/18 |
| 2618E | Antelope Valley Community College District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Although back pay calculations are a matter for compliance, the parties’ exceptions indicate that our remedy requires clarification in order to provide guidance for the compliance process. We first address the District’s primary argument in its cross-exceptions, which relates to the measure of make whole relief, and we conclude as follows, using an example of an employee working four nine-hour days and one four-hour day. But for the District’s unilateral change, the employee’s ninth hour of work on the first four days of the week would earn either wages or compensatory time off at a premium time-and-a-half rate, per the contract; the District would have a choice between those two options, also per the contract. Thus, such an employee should earn either 42 hours of pay for the week, or should receive 40 hours of pay plus two hours of compensatory time off, at the District’s option. The District is wrong to the extent it suggests that it may choose the compensatory time off option and then offset the employee’s half day off on Friday afternoon against the two hours of compensatory time it owes the employee. That is an analytical error, as an employee who works 40 hours in a week has not used any compensatory time off that week. more or view all topics or full text. | 43 | 113 | 12/28/18 |
| 2659M | County of Kern and Kern County Hospital Authority 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest The Board crafts make-whole remedies, including “back pay, front pay or other forms of compensation,” as necessary “to make injured parties and/or affected employees whole.” (Sonoma County Superior Court (2017) PERB Decision No. 2532-C, p. 40; see, e.g., Mt. San Antonio Community College Dist. v. PERB (1989) 210 Cal.App.3d 178, 184, fn. 3 [where respondent unilaterally changed employment terms, respondent ordered to pay “to the affected employees the difference in wages between that which they earned and that which they should have earned in the absence of the employer’s unilateral action, minus any mitigation”].)When a public employer subcontracts operations in violation of a PERB-enforced statute, and the record shows that private sector subcontracted employees are harmed, PERB should order reasonably requested economic remedies tailored to make such employees whole. If the parties develop a sufficient record in compliance proceedings or otherwise, that remedy may include the difference in total compensation, including benefits, between subcontracted employees’ actual compensation and the compensation the public employer pays to comparable employees. Such an order is appropriate even though it necessarily involves approximation. (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. (Pasadena, supra, Order No. Ad-406-M, p. 26, emphasis in original.) more or view all topics or full text. | 44 | 40 | 08/06/19 |
| 2684E | Modoc County Office of Education 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest PERB’s standard remedy for an employer’s unlawful unilateral change includes appropriate make-whole relief including back pay and benefits with interest. (p. 19.)Limited back pay remedy appropriate where employer reduced employee’s daily work hours, and employee later obtained sufficient hours to return to the prior status quo. (p. 20.) more or view all topics or full text. | 44 | 104 | 11/27/19 |
| 2643E | California School Employees Association (Williams) 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest EERA section 3541.5(c) grants PERB “broad remedial powers to effectuate the purposes of the EERA,” including an award of monetary damages when such relief is necessary to place the injured party in the position it would have been in had the wrongful conduct not occurred, i.e., to make the injured party “whole.” But PERB does not presume damages on the part of employees, even where the representative has failed to adequately represent them. (p. 7.) more or view all topics or full text. | 43 | 185 | 05/17/19 |
| 2612M | County of Lassen 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest An employee who has suffered an economic loss due to an employer’s discriminatory conduct must make reasonable efforts to obtain alternative employment. (Fresno County Office of Education (1996) PERB Decision No. 1171, pp. 2-5 & adopting proposed decision at pp. 3-10 (Fresno).) The burden of establishing that a discriminatee failed in this duty rests on the employer who committed the wrongful act. (Id. at pp. 3-4 & adopting proposed decision at p. 4.) Any uncertainty is resolved against the employer. (Id. at p. 2, fn. 1 & adopting proposed decision at pp. 4, 7.) To establish a failure to mitigate, the employer must demonstrate that the claimant failed to make efforts “consistent with the inclination to work and to be self-supporting.” (Fresno County Office of Education (1996) PERB Decision No. 1171, p. 2, fn. 1 & adopting proposed decision at p. 4, internal quotation marks omitted.) Claimants are not expected to seek a job more onerous that the one from which they were removed but rather are expected to seek a substantially equivalent job. (Ibid.) The principle of mitigation of damages does not require success; it only requires an honest good-faith effort. (County of Riverside (2013) PERB Decision No. 2336-M, adopting proposed decision at p. 19 (Riverside).) more or view all topics or full text. | 43 | 102 | 12/19/18 |
| 2612M | County of Lassen 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Even where the employer shows that there were multiple appropriate jobs for which an employee failed to apply, the employee can rebut the employer’s defense by showing that she made reasonable job-hunting efforts. (Fresno County Office of Education (1996) PERB Decision No. 1171, adopting proposed decision at pp. 4-5.) more or view all topics or full text. | 43 | 102 | 12/19/18 |
| 2612M | County of Lassen 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Employee pursued mitigating employment with sufficient diligence, where pursuing a Master’s degree was not unreasonable, and employee actively sought other jobs from the date of her termination, even while also pursuing her studies. An employee who enrolls in a course of training or avails herself of other educational opportunities during the back pay period may nevertheless be entitled to back pay to the extent that the employee seeks to combine school with job hunting, or reasonably decides that gaining education and changing careers is the best path toward gainful employment. more or view all topics or full text. | 43 | 102 | 12/19/18 |
| 2544E | Bellflower Unified School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest The Board rejected a school district’s exception that a Board-ordered remedy including restoration of the status quo and make-whole relief conflicted with federal law governing special education. The district’s statement of exceptions and supporting brief included no citation to any provision of the federal statute or decisional law interpreting it, and the district failed to explain how PERB’s customary remedy for a unilateral change would conflict with federal law. The district’s filing both failed to comply with the requirements of PERB Regulation 32300 governing exceptions, and, even if considered, had no merit. Unless a remedial measure positively conflicts with “inflexible standard[s]” or “immutable provisions” set by external law, the fact that it affects matters normally within the jurisdiction of another tribunal does not, by itself, make PERB’s remedy improper. (pp. 10-11.) more or view all topics or full text. | 42 | 70 | 12/15/17 |
| 2532C | Sonoma County Superior Court 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Back pay was not the appropriate remedy where an employee was denied her right to union representation in an interactive process meeting convened to discuss the employee’s request for a reasonable accommodation of her disability. The employee was no longer able to perform the duties of her previous position, there was no evidence that employer did not provide her with a reasonable accommodation, and the employer had acted in conformance with a settled rule that the Board later overturned. more or view all topics or full text. | 42 | 6 | 06/27/17 |
| 2518E | Los Angeles Unified School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest A request for a monetary remedy need not be pleaded in the complaint. more or view all topics or full text. | 41 | 146 | 03/06/17 |
| 2518E | Los Angeles Unified School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Evidence of financial losses need not be introduced at hearing. Issues of financial harm may be raised in compliance proceedings before the Office of the General Counsel. more or view all topics or full text. | 41 | 146 | 03/06/17 |
| 2458E | Jurupa Unified School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest There is no basis for a claim for back pay when there is no evidence that the District’s actions caused charging party to be constructively discharged. more or view all topics or full text. | 40 | 75 | 10/23/15 |
| 2464M | City of San Diego * * * Affirmed, 5 Cal.5th 898 (2018). Remedy modified by City of San Diego (2019) PERB Decision No. 2464a-M * * * 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Although PERB’s traditional remedy for an employer’s unlawful unilateral change includes restoration of the prior status quo and appropriate make whole relief, including back pay and benefits with interest thereon, for all employees who have suffered loss as a result of the unlawful conduct, the Board does not have jurisdiction to rescind a municipal election to overturn a ballot measure. Where City’s unilateral change to employee pension benefits was enacted through citizen’s initiative, PERB lacked jurisdiction to order the election results rescinded but ordered the City to pay affected employees the difference for the resulting change in pension benefits, plus interest at seven percent per annum. more or view all topics or full text. | 40 | 108 | 12/29/15 |
| 2380Ma | City of Selma 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Offsetting a make-whole remedy by compensation earned by employees would be to effectively garnish wages retroactively, with no opportunity for the affected employees to seek income from outside sources for the days in question. Any argument an employer wishes to make concerning offsets is more appropriately made at the compliance stage of unfair practice proceedings. A city council’s resolution that may affect the remedy of an unfair practice case should be introduced into the record at the time of the hearing, regardless of any period of time in which the resolution may be challenged, and the legal effect of the resolution should be left to argument and final determination by the administrative law judge and the Board. Subsequent negotiations do not absolve the employer of past unfair practices. more or view all topics or full text. | 39 | 55 | 10/17/14 |
| 2385E | Bellflower Unified School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest 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. While the ALJ properly rejected the union’s request for a make-whole remedy based on the union’s failure to prove that an unlawful layoff occurred, the ALJ’s bargaining order is insufficient to remedy the District’s unlawful conduct. In Oakland Unified School District (1983) PERB Decision No. 326, the Board imposed a limited back-pay remedy to run if and while the parties bargained over the effects of a non-negotiable decision. In order to assure meaningful bargaining and effectuate the purposes of EERA, we shall accompany our order to bargain over the effects of the District’s decision to close the school site and eliminate classified positions with a limited backpay requirement designed both to make-whole employees for losses suffered as a result of the violation and recreate in some practicable manner a situation in which the parties’ bargaining position is not entirely devoid of economic consequences. (Transmarine Navigation Corporation (1968) 170 NLRB 389.) more or view all topics or full text. | 39 | 17 | 06/30/14 |
| A406M | City of Pasadena 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Back pay is appropriate when necessary to restore the economic status quo that would have been obtained but for the respondent’s wrongful conduct. When more traditional methods of calculating back pay awards are not available, alternative methods relying on “reasonable approximations and averages” may be used. more or view all topics or full text. | 38 | 122 | 01/28/14 |
| 2221E | Chula Vista Elementary School District * * * OVERRULED IN PART by Bellflower Unified School District (2017) PERB Order No. Ad-447 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest * * * OVERRULED IN PART ON OTHER GROUNDS by Bellflower Unified School District (2017) PERB Order No. Ad-447. * * *Where charging party was denied a position for a one-year term renewable on a year-to-year basis, and the denial was found to be retaliatory, the appropriate remedy was back pay through the current term, rather than limiting the back pay award to one year, given fact that charging party had previously served for eight consecutive years and intended to serve well into her retirement years; although the remedy reflects, in part, the length of time the case was pending before PERB, where respondent invokes the Board’s processes by electing to go to hearing following issuance of a complaint and files exceptions to the proposed decision, the respondent runs the risk that exhaustion of the Board’s administrative procedures will increase its liability in the event its appeal is unsuccessful. more or view all topics or full text. | 36 | 88 | 11/23/11 |
| 2262E | Fairfield-Suisun Unified School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Where employee is ordered reinstated after dismissal in violation of contract provision requiring progressive discipline, where the “zero tolerance” policy, purporting to be an exception to the progressive discipline policy, was adapted unilaterally without giving the union an opportunity to negotiate over the policy, back pay and benefits at 7% per annum were appropriate to restore status quo ante. more or view all topics or full text. | 36 | 176 | 05/08/12 |
| A379E | Long Beach Community College District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest The Board upheld the administrative law judge’s finding that the Long Beach Community College District complied with the Board’s Order in Long Beach Community College District (2008) PERB Decision No. 1941. Specifically, that the Board did not order a traditional back pay remedy, but rather order a limited Transmarine Navigation Corporation (1968) 170 NLRB 389, enf’d NLRB v. Transmarine Navigation Corporation (9th Cir. 1967) 380 F.2d 933 style remedy, requiring the payment of wages and benefits, at pre-layoff rates, starting on March 10, 2008 and continuing until one of its stated conditions was met. more or view all topics or full text. | 33 | 112 | 06/22/09 |
| 2002E | Long Beach Community College District * * * OVERRULED IN PART by Los Angeles Unified School District (2014) PERB Decision No. 2359 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest * * * OVERRULED IN PART ON OTHER GROUNDS by Los Angeles Unified School District (2014) PERB Decision No. 2359. * * * Based on a finding that the employer unlawfully imposed a 4/10 workweek on employees, the Board ordered the employer to restore vacation credits and compensatory time off to employees who used those forms of leave to avoid working 10-hour days. The Board also ordered the employer to pay back pay with interest to employees who used leave without pay to avoid working 10-hour days. The Board denied the union’s request for overtime pay because the record did not establish that the employer’s unilateral implementation of the 4/10 workweek caused employees to lose overtime hours to which they otherwise would have been entitled. more or view all topics or full text. | 33 | 36 | 01/30/09 |
| 1898M | Amalgamated Transit Union Local 1704 (Buck) 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest In cases involving a union’s failure to file a grievance, a charging party may recover a make-whole remedy only if the charging party demonstrates that he/she would have prevailed on the merits if the grievance was properly processed. more or view all topics or full text. | 31 | 88 | 04/10/07 |
| 1634M | Otay Water District * * * OVERRULED IN PART by Bellflower Unified School District (2022) PERB Decision No. 2544a * * * 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest * * * OVERRULED IN PART by Bellflower Unified School District (2022) PERB Decision No. 2544a, where the Board held that employers are liable for interim employment expenses separately from back pay. * * *Employer's liability is terminated by rejection of valid offer of reinstatement and does not include increased tax liability for lump sum payment of back pay, expenses incurred in obtaining new employment and or financial losses of family members. more or view all topics or full text. | 28 | 156 | 05/19/04 |
| 1548E | Mark Twain Union Elementary School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Board found that District violated EERA by unilaterally increasing the hours of work. As a remedy, the Board ordered the District to make the teachers whole by providing compensatory time off. The Board further ordered the parties to negotiate over the manner in which the compensatory time off would be granted. In the absence of agreement between the parties, the Board authorized the award of backpay with interest. more or view all topics or full text. | 27 | 134 | 09/26/03 |
| 1547E | Ventura County Community College District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Parties ordered to negotiate over backpay claims. If no agreement, union may seek compliance through PERB’s general counsel. An award of agency fees is inappropriate in transfer of work case except to the extent backpay is negotiated. more or view all topics or full text. | 27 | 133 | 09/24/03 |
| 1469E | Los Angeles Unified School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Board's statutory authority includes the authority to award front pay - a monetary award for loss of anticipated future earnings had the employee not been subject to unlawful discrimination - when an order of reinstatement is not appropriate. Award of front pay includes a duty to mitigate damages. more or view all topics or full text. | 26 | 33023 | 11/29/01 |
| 1198E | San Ysidro School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Administrative agencies such as PERB are not bound by the 7 percent interest rate specified in Article XV, section 1 of the California Constitution (The Regents of the University of California (1997) PERB Decision No. 1188-H); however, it is appropriate to award interest at the rate of 7 percent per annum pursuant to the Board's discretion in this case; p. 5. more or view all topics or full text. | 21 | 28095 | 05/07/97 |
| 1188H | Regents of the University of California (University Professional and Technical Employees) 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest The Board orders make whole remedies to compensate employees for the difference between what they actually earned and what they would have earned but for the employer's discriminatory conduct; p. 32. The Board abandons the Civil Procedure sec. 685.010 10 percent rate of interest on backpay awards because it results in a disparate approach; p. 34. The Board is not bound by the 7 percent Constitutional rate of interest, but finds that 7 percent effectuates the purposes of HEERA in this case; p. 35. more or view all topics or full text. | 21 | 28067 | 03/19/97 |
| 1171E | Fresno County Office of Education 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest In a compliance case the burden of proof is on the respondent. Under NLRB precedent, in order to receive any offset against the amount of back pay due, the employer has the burden of establishing that employees failed to mitigate their damages; pp. 3 et seq., proposed dec.; any uncertainty is resolved against the employer. In establishing a failure to mitigate, the employer must demonstrate that the claimant failed to make efforts consistent with the inclination to work and to be self-supporting; Claimants are not expected to seek a job more onerous than the one from which they were removed, but rather are expected to seek a substantially equivalent job. The claimant can still prevail if the record shows reasonable efforts to obtain interim employment; pp. 3-5, proposed dec. more or view all topics or full text. | 21 | 28001 | 09/30/96 |
| 1093Hb | California State University (California State Employees Association) 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest On remand from Court of Appeal, Board ordered employer to pay employees the MSAs they were unlawfully denied. Interest was ordered to be paid at 7 percent. more or view all topics or full text. | 21 | 28069 | 03/20/97 |
| 1078E | San Jacinto Unified School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest District required to pay loss of income for resulting from change in work schedule augmented by interest at the rate of 7 percent; pp. 3-5. more or view all topics or full text. | 19 | 26036 | 12/22/94 |
| 1033E | Healdsburg Union Elementary School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest To remedy unilateral lengthening of workday, employer must provide affected employees with a corresponding amount of time off or pay them for the extra time plus 7 percent interest. more or view all topics or full text. | 18 | 25030 | 01/06/94 |
| 0842H | Regents of the University of California (Davis, Los Angeles, Santa Barbara and San Diego) 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Where University breached its obligation to give notice of proposed split payment to nonexclusively represented employees, no backpay award was appropriate since the meet and discuss obligation requires neither agreement or impasse, the outcome of any meetings and the University's ability to fund the entire increase at one time is speculative. While ordinary remedy and unilateral change case is restoration of status quo ante, including backpay and interest, the Board has denied backpay where entitlement thereto is speculative; p. 17. more or view all topics or full text. | 14 | 21189 | 09/27/90 |
| 0691E | Mt. San Antonio Community College District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Back Pay Liability for an unfair practice may be cut off by a collective bargaining agreement if the subject matter is raised in the CBA. Interest tolled where Association failed to exercise due diligence. Board does not adopt equitable statute of limitations to preclude enforcement because only showing of prejudice is the running of interest. more or view all topics or full text. | 12 | 19123 | 06/30/88 |
| 0625E | Fountain Valley Elementary School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Monetary compensation and/or time-off to be agreed to by parties; compensation for increase in instructional minutes and consequent preparation time. more or view all topics or full text. | 11 | 18115 | 06/23/87 |
| 0595E | Placentia Unified School District * * * OVERRULED IN PART BY The Accelerated Schools (2023) PERB Decision No. 2855 * * * 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest * * * 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. * * *Transmarine remedy: limited back pay award ordered to approximate bargaining position had there been no violation. more or view all topics or full text. | 10 | 17181 | 11/04/86 |
| 0582E | Oak Grove School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Full back pay awarded even though execution of subsequent agreement because status quo was illegal at time agreement negotiated. more or view all topics or full text. | 10 | 17134 | 06/30/86 |
| 0540E | Oakland Unified School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Payment of wages to laid off employees to begin after Board decision becomes final and continue until agreement, impasse, or failure of union to request negotiation. more or view all topics or full text. | 10 | 17009 | 12/12/85 |
| 1221H | Regents of the University of California (Lawrence Livermore) * * * OVERRULED IN PART BY The Accelerated Schools (2023) PERB Decision No. 2855 * * * 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest * * * 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. * * *Because University had managerial prerogative to change staffing levels, full backpay award to affected employees is inappropriate; special backpay award for those employees whose hours changed as an effect of the University's decision to transfer; pp. 32-33, proposed dec. more or view all topics or full text. | 21 | 28161 | 09/26/97 |
| 0399E | Corning Union High School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest The most appropriate remedy to compensate employees who worked additional hours due to the employer's unilateral elimination of the preparation period is time off corresponding to the additional hours worked. Monetary compensation is ordered as alternative remedy if the parties cannot agree upon the manner in which the haramed employees will be granted compensating time off. Monetary compensation also is ordered for employees no longer working for the school district. Back pay not appropriate remedy for increase in number of students assigned to each teacher where award already granted for additional hours worked. To award separate compensation for the workload increase would be to award the teachers twice for one unilateral change. more or view all topics or full text. | 8 | 15149 | 08/17/84 |
| 0375Ea | San Mateo City School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest If subsequent to employer's unlawful unilateral change, parties reach agreement or negotiate through completion of the statutory impasse procedure concerning the subject matter of the unilateral change, it would not effectuate purposes of Act to restore status quo ante or to continue liability for back-pay beyond that point. more or view all topics or full text. | 8 | 15114 | 06/20/84 |
| 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 * * * 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest * * * 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. * * *District ordered to pay employee laid off sum equal to wages at time laid off from first day Association requests to bargain following issuance of this decision until occurrence of earliest of four events specified; p. 71 more or view all topics or full text. | 8 | 15017 | 12/30/83 |
| 0368E | San Diego Community College District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest District ordered to grant contract status prospectively only, where retroactive status would contravene requirements of Education Code; pp. 27-29. Nevertheless, back pay and interest is awarded retroactively to date contract status would have been granted, but for District's discriminatory conduct. more or view all topics or full text. | 8 | 15009 | 12/22/83 |
| 0367E | Oakland Unified School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest District ordered to pay to persons denied overtime as result of unilateral change in overtime system overtime they would have received but for unlawful action; also, overtime lost as result of unlawful unilateral change in holiday; ordered to pay interest on all payments; p. 40. more or view all topics or full text. | 8 | 15008 | 12/16/83 |
| 0360Ea | Arcohe Union School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Loss of back pay denied where evidence of loss, or identity not shown in record. more or view all topics or full text. | 8 | 15090 | 05/16/84 |
| 0361S | State of California (Department of Transportation) 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Back pay order denied; too speculative because impossible to ascertain identity of employees affected by the unilateral change; p. 16. more or view all topics or full text. | 7 | 14295 | 11/28/83 |
| 0343E | South San Francisco Unified School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Backpay remedy modified where employer free to change hours at beginning of school year. more or view all topics or full text. | 7 | 14243 | 09/02/83 |
| 0326E | Oakland Unified School District * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * * 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest * * * 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 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest 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 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest 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 |
| 0207E | South Bay Union School District Board of Trustees 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Order to reimburse five lead teachers not rehired - a 5% pay differential and pro-rata pay for additional days they would have worked had District rehired them as lead teachers - is appropriate. Remedy is neither premature nor overly broad despite fact that District may bargain a change with Union over the additional days. more or view all topics or full text. | 6 | 13111 | 04/30/82 |
| 0134E | San Ysidro School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest 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 |
| 0120E | Los Gatos Joint Union High School District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest District's back pay obligation is limited to the summer during which the discrimination occurred and the following fall when substitutes were drawn from the summer crews; pp. 2-6. more or view all topics or full text. | 03/21/80 | ||
| 0103E | Santa Monica Community College District 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Back pay proper where one group of employees denied pay increase because of employer's discriminatory assistance to rival union. more or view all topics or full text. | 3 | 10123 | 09/21/79 |
| 1354H | Regents of the University of California (Bawal, et al.) 1201.03000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest Based on a finding that the University should have given 30 days notice to employees prior to layoff, the University was ordered to make whole any charging parties adversely affected by the layoff and rehire process by paying them backpay as if the layoff and rehire process had occurred 30 days later than it did. This backpay shall include interest at the rate of 7 percent per annum. more or view all topics or full text. | 23 | 30173 | 09/30/99 |