All notes for Subtopic 1201.08000 – Other

DecisionDescriptionPERC Vol.PERC IndexDate
2643E California School Employees Association (Williams)
1201.8000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Other
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
2643E California School Employees Association (Williams)
1201.8000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Other
When a union fails to fairly represent an employee in grievance processing, the employee is not entitled to make whole relief unless he or she would have prevailed had the union properly processed the grievance. (p. 8.) In such case, the typical remedy is an order that the union process the grievance or make whole relief if that process is not available or would be ineffectual. The latter remedy requires the employee prove in compliance proceedings that he or she would have prevailed on a properly process grievance. (p. 8, fn. 5.) Charging Party was bound by the ALJ’s conclusion that her requested grievance lacked merit because she did not except to it. With no basis for the Board to conclude that she would have prevailed on her requested grievance, she was not allowed monetary relief. (p. 8) more or view all topics or full text.
4318505/17/19
2464M City of San Diego * * * Decision upheld on appeal to the California Supreme Court (8/2/2018); limited review of remedial order on remand. * * *
1201.8000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Other
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
2440E Capistrano Unified School District
1201.8000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Other
Make-whole relief, including expungement of discipline, may be appropriate for an employee who has been disciplined for misconduct occurring as a result of an unlawful investigatory interview, where a representative may have prevented or at least mitigated the employee’s misconduct. more or view all topics or full text.
402406/30/15
2385E Bellflower Unified School District
1201.8000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Other
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
2044M County of Sacramento
1201.8000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Other
The County unilaterally implemented changes in eligibility to participate in the Retiree Health Insurance Program/Retiree Medical and Dental Insurance Program. Thus, the Board ordered the County to rescind the unilateral change and return to the status quo as it would have been had the policy not been implemented and to make whole all those impacted by the unilateral change. more or view all topics or full text.
3312606/30/09
2045M County of Sacramento
1201.8000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Other
Future retirement health benefits for current employees are within the scope of bargaining. The fact that the County made the change on June 5, effective June 1, did not change the prospective nature of the action because the change was prospective for all those employed on June 5 as well as those employed on June 1. more or view all topics or full text.
3312706/30/09
2043M County of Sacramento
1201.8000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Other
The County unilaterally implemented changes in eligibility to participate in the Retiree Health Insurance Program/Retiree Medical and Dental Insurance Program. Thus, the Board ordered the County to rescind the unilateral change and return to the status quo as it would have been had the policy not been implemented and to make whole all those impacted by the unilateral change. more or view all topics or full text.
3312206/30/09
1548E Mark Twain Union Elementary School District
1201.8000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Other
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
1469E Los Angeles Unified School District
1201.8000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Other
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
1390S State of California (Department of Corrections)
1201.8000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Other
Board found that this case was not about "staffing patterns" but rather about the transfer of work. Board recognized that there may be managerial decisions concerning staffing patterns that would not be negotiable, even though their effects might be negotiable. Although the staffing pattern proposed by the Administrative Law Judge would presumably remedy the transfer of work, it could not be said that it was the only remedy available. There might be other elections which the Department could make that would keep food preparation assignment and training work from being transferred out of the supervising cooks' unit. Such decisions are not appropriately mandated by the Board. more or view all topics or full text.
243111106/26/00
1391S State of California (Department of Corrections)
1201.8000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Other
Board found that this case was not about "staffing patterns" but rather about the transfer of work. Board recognized that there may be managerial decisions concerning staffing patterns that would not be negotiable, even though their effects might be negotiable. Although the staffing pattern proposed by the Administrative Law Judge would presumably remedy the transfer of work, it could not be said that it was the only remedy available. There might be other elections which the Department could make that would keep food preparation assignment and training work from being transferred out of the supervising cooks' unit. Such decisions are not appropriately mandated by the Board. more or view all topics or full text.
243111206/26/00
1392S State of California (Department of Corrections)
1201.8000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Other
Board found that this case was not about "staffing patterns" but rather about the transfer of work. Board recognized that there may be managerial decisions concerning staffing patterns that would not be negotiable, even though their effects might be negotiable. Although the staffing pattern proposed by the Administrative Law Judge would presumably remedy the transfer of work, it could not be said that it was the only remedy available. There might be other elections which the Department could make that would keep food preparation assignment and training work from being transferred out of the supervising cooks' unit. Such decisions are not appropriately mandated by the Board. more or view all topics or full text.
243111306/26/00
I014E Eureka City Schools/Eureka High School District (Order)
1201.8000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Other
As alleged harm to teachers caused by cancellation of their leaves of absence could be remedied through a backpay order, there was insufficient basis for finding irreparable harm; p. 11. more or view all topics or full text.
41109603/26/80
1262E Bakersfield City School District
1201.8000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Other
Interim remedy of requiring employer to facilite union's communications with unit members while parties negotiate over mechanisim to provide home address may be commendable but in practical terms interjects the Board deeply into the internal administrative practices of the District. The Board declines to such remedy and leaves the mechanism of providing information to the parties negotiations. more or view all topics or full text.
222908904/28/98
0399E Corning Union High School District
1201.8000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Other
A unilateral change is typically remedied by restoring the status quo ante, by ordering employer to bargain on the matter at issue, and by making particular employees whole for any benefits the employer unilaterally discontinued; pp. 7-8. more or view all topics or full text.
81514908/17/84
0208E Fresno Unified School District
1201.8000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Other
Board ordered one time double dues deduction by employer where deductions had been stopped. more or view all topics or full text.
61311004/30/82
0159Sb State of California (Department of Transportation) (State Trial Attorneys Association)
1201.8000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Other
Board reverses hearing officer award of $300 to union in access case for expenses in developing a newsletter prototype. There is no evidence to support hearing officer conclusion that there were no other means of communication except a newsletter. more or view all topics or full text.
51206807/07/81
0973E West Covina Unified School District
1201.8000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; Other
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