All notes for Subtopic 1201.03000 – Back Pay; Interest

DecisionDescriptionPERC Vol.PERC IndexDate
2694M * * * JUDICIAL APPEAL PENDING * * * City of Glendale
1201.3000: 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.
02/03/20
2632M * * * JUDICIAL APPEAL PENDING * * * Contra Costa County Fire Protection District
1201.3000: 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.
4315003/07/19
2632M * * * JUDICIAL APPEAL PENDING * * * Contra Costa County Fire Protection District
1201.3000: 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.
4315003/07/19
2632M * * * JUDICIAL APPEAL PENDING * * * Contra Costa County Fire Protection District
1201.3000: 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.
4315003/07/19
2618E Antelope Valley Community College District
1201.3000: 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.
4311312/28/18
2618E Antelope Valley Community College District
1201.3000: 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.
4311312/28/18
2659M * * * JUDICIAL APPEAL PENDING * * * County of Kern and Kern County Hospital Authority
1201.3000: 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.
08/06/19
2684E Modoc County Office of Education
1201.3000: 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.
11/27/19
2643E California School Employees Association (Williams)
1201.3000: 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.
4318505/17/19
2612M County of Lassen
1201.3000: 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.
4310212/19/18
2612M County of Lassen
1201.3000: 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.
4310212/19/18
2612M County of Lassen
1201.3000: 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.
4310212/19/18
2544E Bellflower Unified School District
1201.3000: 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.
427012/15/17
2532C Sonoma County Superior Court
1201.3000: 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.
42606/27/17
2518E Los Angeles Unified School District
1201.3000: 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.
4114603/06/17
2518E Los Angeles Unified School District
1201.3000: 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.
4114603/06/17
2458E Jurupa Unified School District
1201.3000: 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.
407510/23/15
2464M City of San Diego * * * Decision upheld on appeal to the California Supreme Court (8/2/2018); limited review of remedial order on remand. * * *
1201.3000: 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.
4010812/29/15
2380Ma City of Selma
1201.3000: 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.
395510/17/14
2385E Bellflower Unified School District
1201.3000: 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.
391706/30/14
A406M City of Pasadena
1201.3000: 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.
3812201/28/14
2221E Chula Vista Elementary School District * * * OVERRULED IN PART by Bellflower Unified School District (2017) PERB Order No. Ad-447
1201.3000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest
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.
368811/23/11
2262E Fairfield-Suisun Unified School District
1201.3000: 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.
3617605/08/12
A379E Long Beach Community College District
1201.3000: 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.
3311206/22/09
2002E Long Beach Community College District * * * OVERRULED IN PART by Los Angeles Unified School District (2014) PERB Decision No. 2359
1201.3000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest
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.
333601/30/09
1898M Amalgamated Transit Union Local 1704 (Buck)
1201.3000: 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.
318804/10/07
1634M Otay Water District
1201.3000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest
Employers 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.
2815605/19/04
1548E Mark Twain Union Elementary School District
1201.3000: 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.
2713409/26/03
1547E Ventura County Community College District
1201.3000: 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.
2713309/24/03

1201.3000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest
Interest on the back pay award against the county is appropriate under Civil Code section 3287 which is an exception to the general rule that interest cannot be recovered against the county. more or view all topics or full text.

1201.3000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest
Probationary employees who were terminated, grieved under the MOU and an arbitrator found that contrary to the MOU the termination was arbitrary and capricious but did not award back pay. On a writ, the court found that the employees should be paid for the time they would have been working but for the improper termination. more or view all topics or full text.
1469E Los Angeles Unified School District
1201.3000: 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.
263302311/29/01

1201.3000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest
Although there was unreasonable delay in commencing compliance proceedings by association, PERB remedied any prejudice to district by tolling the accrual of interst on its backpay award. [210 Cal.App.3d at 189] more or view all topics or full text.

1201.3000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest
Where part-time employee Association and full-time employee Association sought to represent all employees and employer made salary offer contingent on waiver of collective bargaining rights, which offer was accepted by full-time employee association only, it was appropriate for PERB to order salary increase for part-timers. PERB has the authority, pursuant to section 3541.5 to award retroactive pay increase. PERB was not fashioning a contract for the parties but merely taking remedial action to eliminate the effect of a discriminatory unfair practice. more or view all topics or full text.
1198E San Ysidro School District
1201.3000: 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.
212809505/07/97
1188H Regents of the University of California (University Professional and Technical Employees)
1201.3000: 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.
212806703/19/97
1171E Fresno County Office of Education
1201.3000: 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.
212800109/30/96
1093Hb California State University (California State Employees Association)
1201.3000: 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.
212806903/20/97
1078E San Jacinto Unified School District
1201.3000: 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.
192603612/22/94
1033E Healdsburg Union Elementary School District
1201.3000: 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.
182503001/06/94
0842H Regents of the University of California (Davis, Los Angeles, Santa Barbara and San Diego)
1201.3000: 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.
142118909/27/90
0691E Mt. San Antonio Community College District
1201.3000: 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.
121912306/30/88
0625E Fountain Valley Elementary School District
1201.3000: 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.
111811506/23/87
0595E Placentia Unified School District
1201.3000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest
Transmarine remedy: limited back pay award ordered to approximate bargaining position had there been no violation. more or view all topics or full text.
101718111/04/86
0582E Oak Grove School District
1201.3000: 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.
101713406/30/86
0540E Oakland Unified School District
1201.3000: 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.
101700912/12/85
1221H Regents of the University of California (Lawrence Livermore)
1201.3000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest
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.
212816109/26/97
0399E Corning Union High School District
1201.3000: 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.
81514908/17/84
0375Ea San Mateo City School District
1201.3000: 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.
81511406/20/84
0373E Mt. Diablo Unified School District  * * * REVERSED IN PART BY Mt. Diablo Unified School District (1984) PERB Decision No. 373b
1201.3000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest
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 occurence of earliest of four events specified; p. 71. more or view all topics or full text.
81501712/30/83
0368E San Diego Community College District
1201.3000: 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.
81500912/22/83
0367E Oakland Unified School District
1201.3000: 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.
81500812/16/83
0360Ea Arcohe Union School District
1201.3000: 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.
81509005/16/84
0361S State of California (Department of Transportation)
1201.3000: 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.
71429511/28/83
0343E South San Francisco Unified School District
1201.3000: 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.
71424309/02/83
0326E Oakland Unified School District
1201.3000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Back Pay; Interest
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
1201.3000: 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.
71416005/24/83
0271E Lemoore Union High School District
1201.3000: 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.
71402612/28/82
0207E South Bay Union School District Board of Trustees
1201.3000: 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.
61311104/30/82
0134E San Ysidro School District
1201.3000: 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.
41110506/19/80
0120E Los Gatos Joint Union High School District
1201.3000: 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
1201.3000: 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.
31012309/21/79
1354H Regents of the University of California (Bawal, et al.)
1201.3000: 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.
233017309/30/99