All notes for Subtopic 1201.04000 – Restoration of Benefits
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2544Ea | Bellflower Unified School District 1201.04000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Restoration of Benefits 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 |
| 2544E | Bellflower Unified School District 1201.04000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Restoration of Benefits 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 |
| 2464M | City of San Diego * * * Affirmed, 5 Cal.5th 898 (2018). Remedy modified by City of San Diego (2019) PERB Decision No. 2464a-M * * * 1201.04000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Restoration of Benefits 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. Restoring injured parties and affected employees to their respective positions before an unfair practice occurred is critical to an effective Board-ordered remedy because it prevents the employer from gaining a one-sided and unfair advantage in negotiations and thereby forcing the employees’ representative to talk the employer back to terms previously agreed to. Where the Board lacks jurisdiction to order an unfair practice reversed, it may award compensatory damages, including attorneys’ fees and costs for separate litigation that is necessary to obtain complete relief from the unfair practice. more or view all topics or full text. | 40 | 108 | 12/29/15 |
| 1259E | Fall River Joint Unified School District 1201.04000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Restoration of Benefits To avoid disruption, the status quo is not restored (teachers transferred back to old spots) until beginning of new school year. more or view all topics or full text. | 22 | 29082 | 04/08/98 |
| 0842H | Regents of the University of California (Davis, Los Angeles, Santa Barbara and San Diego) 1201.04000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Restoration of Benefits Where University breached its obligation to give notice of proposed split payment to nonexclusive 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 |
| 0841E | Temple City Unified School District 1201.04000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Restoration of Benefits In unilateral change cases, Board usually orders the employer to restore status quo as it existed prior to action. District ordered to compensate any affected unit employee for out-of-pocket monetary losses incurred as a result of District's failure to make fringe benefit contribution as required by contract. more or view all topics or full text. | 14 | 21186 | 09/20/90 |
| 0399E | Corning Union High School District 1201.04000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Restoration of Benefits 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 harmed employees will be granted compensating time off. Monetary compensation also is ordered for employees no longer working for the school district. more or view all topics or full text. | 8 | 15149 | 08/17/84 |
| 0399Ea | Corning Union High School District 1201.04000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Restoration of Benefits Restoration of benefits is appropriate remedy despite lengthy delay between issuance of hearing officer's decision and issuance of Board decision. Employees harmed by an employer's unilateral decision should not forfiet their rights to full make-whole remedy because of administrative delay. more or view all topics or full text. | 8 | 15192 | 10/17/84 |
| 0973E | West Covina Unified School District 1201.04000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Restoration of Benefits Make whole obligation where employer discontinued employee use of employer's vehicles does not include compensation for purchase of new car used in his commute to work. more or view all topics or full text. | 17 | 24042 | 02/09/93 |
| 0126E | Oakland Unified School District 1201.04000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Restoration of Benefits District ordered to reinstate prior health plan administrator or negotiate with new administrator to reinstate benefits lost; pp. 8-9. more or view all topics or full text. | 4 | 11072 | 04/23/80 |
| 1345E | Los Angeles Community College District 1201.04000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Restoration of Benefits The employer is ordered to reinstate the work year which had been unilaterally changed, reimburse employees for all losses incurred as a result of its unilateral action, reimburse employees for wages lost augmented by interest at the rate of seven (7) percent per annum, plus restore retirement credits to any affected employees; p. 22, proposed dec. more or view all topics or full text. | 23 | 30166 | 09/02/99 |