All notes for Subtopic 1201.04000 – Restoration of Benefits

DecisionDescriptionPERC Vol.PERC IndexDate
2544E Bellflower Unified School District
1201.4000: 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.
427012/15/17
2464M City of San Diego * * * Decision upheld on appeal to the California Supreme Court (8/2/2018); limited review of remedial order on remand. * * *
1201.4000: 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pension benefits was enacted through citizen’s initiative, PERB lacked jurisdiction to order the election results rescinded but ordered the City to pay affected employees the difference for the resulting change in pension benefits, plus interest at seven percent per annum.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.
4010812/29/15

1201.4000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Restoration of Benefits
It is settled that a writ of mandate will lie to compel a city to pay benefits not encompassed by an agreement when the benefits are mandated by provisions of the MMBA. City should not be able to undertake an unlawful act to gain bargaining leverage in negotiations. Courts have not hesitated to issue writs of mandate to correct plainly unlawful practices undertaken by public employers during negotiations subject to the MMBA. more or view all topics or full text.

1201.4000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Restoration of Benefits
A requirement that the District reimburse employees for any expenses incurred as a result of a change in health plan administrators was evenhanded and temperate. No abuse of discretion found. more or view all topics or full text.
1259E Fall River Joint Unified School District
1201.4000: 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.
222908204/08/98
0842H Regents of the University of California (Davis, Los Angeles, Santa Barbara and San Diego)
1201.4000: 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.
142118909/27/90
0841E Temple City Unified School District
1201.4000: 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.
142118609/20/90
0399E Corning Union High School District
1201.4000: 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.
81514908/17/84
0399Ea Corning Union High School District
1201.4000: 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.
81519210/17/84
0359H Regents of the University of California * * * VACATED by Cole Letter of October 29, 1986 * * *
1201.4000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Restoration of Benefits
Restoration of employment rights where unilateral limit on rehires ordered. Vacated by Cole letter of 10/29/86. more or view all topics or full text.
71429311/23/83
0973E West Covina Unified School District
1201.4000: 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.
172404202/09/93
0126E Oakland Unified School District
1201.4000: 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.
41107204/23/80
1345E Los Angeles Community College District
1201.4000: 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.
233016609/02/99