All notes for Subtopic 1202.01000 – In General

DecisionDescriptionPERC Vol.PERC IndexDate
2694M * * * JUDICIAL APPEAL PENDING * * * City of Glendale
1202.1000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; In General
A City’s decision to eliminate all positions in a classification was based upon both a non-bargainable decision to reduce the amount of that classification’s work being performed on behalf of the City, at least temporarily, and a bargainable decision to subcontract and to use non-bargaining unit City employees to perform the classification’s remaining and future work. (Fire Fighters Union v. City of Vallejo (1974) 12 Cal.3d 608, 621.) The Board was careful to remedy only those layoffs and involuntary demotions resulting from bargainable decisions. The Board adjusted the proposed remedial order to ensure it did not provide a remedy for any layoffs or demotions that would have occurred solely based on the non-bargainable decision to reduce (at least temporarily) the amount of work performed by the classification. more or view all topics or full text.
02/03/20
2674M Orange County Employees Association (Hamilton)
1202.1000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; In General
When a union fails to fairly represent an employee in grievance processing, attorney fees may only be awarded when the employee hires private counsel to pursue the claims in the grievance that were impacted by the union’s unlawful conduct. (p. 10.) Employee not entitled to attorney fees because her lawsuit against her employer did not encompass the MOU violation alleged in her grievance. (p. 11.) more or view all topics or full text.
10/15/19
2643E California School Employees Association (Williams)
1202.1000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; In General
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
A406M City of Pasadena
1202.1000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; In General
Uncertainty as to the appropriate remedy for an unfair practice must be resolved against the respondent whose unlawful conduct made such doubts possible. Absolute certainty is not required when calculating the back pay necessary to remedy an unfair practice. more or view all topics or full text.
3812201/28/14
2094H Regents of the University of California * * * OVERRULED IN PART by amendment to HEERA section 3563.3, Stats. 2011, Ch. 539
1202.1000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; In General
Damages for unlawful strike activity will not be awarded unless the employer first seeks to stop the strike or mitigate its losses by seeking injunctive relief through PERB. more or view all topics or full text.
344102/02/10
1547E Ventura County Community College District
1202.1000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; In General
To avoid disruption of the operation of the academy and education of its students, the Board does not order an immediate return to the status quo ante in a transfer of work case. The parties have 120 days to negotiate a resolution. more or view all topics or full text.
2713309/24/03
A162E Los Angeles Unified School District (Watts)
1202.1000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; In General
Board dismissed public notice complaint based on District's willingness to voluntarily comply. Such compliance eliminated delay and minimized any consequence of the District's earlier failure to comply with EERA section 3547; p. 6. Pursuant to Regulation 32920(b)(5) and (b)(7), District's voluntary compliance with a cease and desist order and an order to post is a sufficient remedy; p. 4. more or view all topics or full text.
111804702/05/87
1259E Fall River Joint Unified School District
1202.1000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; In General
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
1078E San Jacinto Unified School District
1202.1000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; In General
No back pay for employees who accepted jobs in positions which had previously had hours reduced because individual had no vested interest in previous staffing levels; pp. 37-38, proposed dec. more or view all topics or full text.
192603612/22/94
0842H Regents of the University of California (Davis, Los Angeles, Santa Barbara and San Diego)
1202.1000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; In General
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
0840S State of California (Department of Mental Health)
1202.1000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; In General
Although a cease and desist order was held not to apply on a systemwide basis, the notice was required to be posted statewide because the unilateral change concerned contract language applicable to a statewide unit. more or view all topics or full text.
142118309/18/90
0375Ea San Mateo City School District
1202.1000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; In General
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
0343E South San Francisco Unified School District
1202.1000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; In General
Limitations on backpay ordered. 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
0337E Kern Community College District
1202.1000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; In General
Full restoration of the status quo inappropriate where unilateral act was lay off and employer has right to make decision to lay off but failed to negotiate effects of such decision. more or view all topics or full text.
71422908/19/83
0322E Alum Rock Union Elementary School District
1202.1000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; In General
Remedy limited because exclusive representatives of the unit has changed since the charge was filed. more or view all topics or full text.
71418406/27/83
0318Ea Pittsburg Unified School District
1202.1000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; In General
Delay in PERB procedures does not justify denying employees a remedy. more or view all topics or full text.
81506704/02/84
0231H California State University, Hayward
1202.1000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; In General
Selection of exclusive representative other than Charging Party may constitute changed circumstances which can affect the remedy. more or view all topics or full text.
61318508/10/82
0208E Fresno Unified School District
1202.1000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; In General
Failure to request that PERB seek an injunction against a strike in order to terminate the strike or otherwise reduce the expense of the strike requires that no make-whole remedy be awarded to the district; pp. 24-25. Affiliate of exclusive rep. had no obligation to negotiate with the District, nor could it request or participate in the statutory impasse procedures. Therefore, it cannot be held liable for violation of subsections 3543.5(c) or (d); pp. 23-24. more or view all topics or full text.
61311004/30/82
1006E Gonzales Union High School District
1202.1000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; In General
No reinbursement to employees or cease and desist order where employer was not obligated to pay premium increase but unilaterally implemented new policy of payroll deduction. more or view all topics or full text.
172411906/25/93
0038E Azusa Unified School District
1202.1000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; In General
Election of assisted union as exclusive representative does not moot out need for remedy. Remedy is proper to prevent repetition of unlawful conduct in future. more or view all topics or full text.
158711/23/77