All notes for Subtopic 1202.02000 – Agreement Between. the Parties

DecisionDescriptionPERC Vol.PERC IndexDate
2745M County of Sacramento
1202.2000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; Agreement Between. the Parties
When an employer has implemented terms and conditions of employment without reaching a bond fide impasse, PERB typically orders an employer to restore the status quo and rescind the implemented changes. However, where rescission may be contrary to the bargaining unit’s best interest or may disrupt the employer’s operations, it has allowed the charging party an opportunity to decline all or part of that relief and stayed rescission orders for a period of time to allow the parties an opportunity to bargain over alternative remedies. (pp. 27-28.) more or view all topics or full text.
09/18/20

1202.2000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; Agreement Between. the Parties
The Board found that, by agreeing to certain provisions in the successor memorandum of understanding (MOU), the union clearly and unmistakably waived its right to bargain the change in policy concerning schedules and meal periods. Thus, once the successor MOU took effect, the employer was entitled to make the disputed changes to employees’ schedules. Though this finding did not absolve the employer of liability for its unlawful unilateral change, the Board concluded that a return to the status quo would not effectuate the purposes of the Meyers-Milias-Brown Act and accordingly adjusted that portion of the ALJ’s order. (pp. 25-26.) more or view all topics or full text.
2615M County of Kern
1202.2000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; Agreement Between. the Parties
Charging party union may elect to decline restoration of the status quo in any division of employer, particularly where employees in certain divisions may be harmed by rescission of changes. (Denver Post Corp. (1999) 328 NLRB 118, 126, cited with approval in City of Riverside (2009) PERB Decision No. 2027-M, p. 15.) PERB leaves it to charging party union to make this decision because “[w]hether a change is beneficial or detrimental to the employees is a decision reserved to the employees as represented by their union.” (Solano County Employees’ Assn. v. County of Solano (1982) 136 Cal.App.3d 256, 262.) more or view all topics or full text.
4310912/21/18
2564M County of San Joaquin
1202.2000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; Agreement Between. the Parties
Under its broad powers to “investigate unfair practice charges or alleged violations of [the MMBA], the Board has discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. When an appeal pending before the Board involves a matter of continuing public interest and a precedential ruling on the matter will be instructive to similarly-situated parties, the Board has exercised its discretion by denying a request for withdrawal, in the interest of justice. The Board found the parties’ requests for withdrawal and dismissal to be in the best interest of the parties and consistent with the purposes of the MMBA to promote harmonious labor relations. more or view all topics or full text.
4215605/31/18
2526H Regents of the University of California (Los Angeles)
1202.2000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; Agreement Between. the Parties
Under its broad powers to “investigate unfair practice charges or alleged violations of [HEERA], the Board has discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. When an appeal pending before the Board involves a matter of continuing public interest and a precedential ruling on the matter will be instructive to similarly-situated parties, the Board has exercised its discretion by denying a request for withdrawal, in the interest of justice. After carefully reviewing the settlement agreement in this case, the Board found withdrawal and dismissal to be in the best interest of the parties and consistent with the purposes of HEERA. more or view all topics or full text.
4117605/18/17
2515M City of San Luis Obispo
1202.2000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; Agreement Between. the Parties
Under its broad powers to “investigate unfair practice charges or alleged violations of [the MMBA], the Board has discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. When an appeal pending before the Board involves a matter of continuing public interest and a precedential ruling on the matter will be instructive to similarly-situated parties, the Board has exercised its discretion by denying a request for withdrawal, in the interest of justice. After carefully reviewing the settlement agreement in this case, the Board found the parties’ requests for withdrawal and dismissal to be in the best interest of the parties and consistent with the purposes of the MMBA to promote harmonious labor relations. more or view all topics or full text.
4113402/13/17
2492M County of Butte
1202.2000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; Agreement Between. the Parties
PERB’s remedial authority is determined by statute, not by a contractual agreement between parties, and this authority cannot be limited or constrained by stipulation of the parties. MOU language was not a “clear and unmistakable” waiver of union’s right to a remedial order that the employer remit unlawfully withheld dues to union when the employer presented no evidence that the parties intended this agreement to apply in such a way to supersede PERB’s remedial authority in the event the employer unlawfully refused to remit dues and fees. more or view all topics or full text.
413106/30/16
1103E Laguna Salada Union School District
1202.2000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; Agreement Between. the Parties
The Board's statutory remedial powers cannot be limited or constrained by stipulation of the parties; p. 17. more or view all topics or full text.
192609505/11/95
0691E Mt. San Antonio Community College District
1202.2000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; Agreement Between. the Parties
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
0663S Union of American Physicians and Dentists (Stewart)
1202.2000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; Agreement Between. the Parties
Provisions of settlement agreement requiring the charge/complaint to be withdrawn with prejudice will be honored by Board due to its policy of encouraging parties to reach voluntary settlement of their dispute. Good faith compliance with time provisions in parties' settlement agreement does not require absolute compliance unless party is prejudiced by delay or time is of the essence. more or view all topics or full text.
121905704/13/88
0625E Fountain Valley Elementary School District
1202.2000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; Agreement Between. the Parties
Back pay limited to effective date of subsequent contract establishing new status quo. more or view all topics or full text.
111811506/23/87
0375Ea San Mateo City School District
1202.2000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; Agreement Between. the Parties
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
0337E Kern Community College District
1202.2000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; Agreement Between. the Parties
Subsequent signing of an agreement does not moot a subsection 3542.5(c) charge; p. 3. more or view all topics or full text.
71422908/19/83
0318Ea Pittsburg Unified School District
1202.2000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; Agreement Between. the Parties
To terminate liability for back pay, a subsequently negotiated agreement need only address the basic subject matter of the unilateral change, and need not constitute "waiver" by the association of its claim that the respondent acted unlawfully; p. 5, fn. 3. more or view all topics or full text.
81506704/02/84
0302S State of California (Department of General Services)
1202.2000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; Agreement Between. the Parties
ALJ erred in dismissing unfair practice charge under Marin, PERB Decision No. 161. Six unilateral changes and two refusals to meet and discuss, along with timeing, distinguishes this case from Marin. more or view all topics or full text.
71413204/08/83
0279Eb Rio Hondo Community College District
1202.2000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; Agreement Between. the Parties
Successor agreement established new class size status quo which terminated District's duty to return class size maximums to pre-1979 levels; p. 4. Successor agreement terminated backpay liability for increases in class size maximums; p. 4. more or view all topics or full text.
101713306/30/86
0252E Los Angeles Community College District
1202.2000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; Agreement Between. the Parties
Reinstatement of employees to shifts which were unlawfully unilateral- ly changed by employer is inappropriate, where parties have since entered into agreement containing a provision granting the employer the right to eliminate shifts; p. 21. more or view all topics or full text.
61324110/18/82
0148E Victor Valley Joint Union High School District
1202.2000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; Agreement Between. the Parties
Charge is dismissed when union refuses to honor agreement that it would withdraw charge with prejudice once parties had entered a final contract agreement. PERB settlement procedures would be damaged if party could renege on settlement agreements. more or view all topics or full text.
51200412/11/80
0074E Amador Valley Joint Union High School District
1202.2000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; Agreement Between. the Parties
Settlement pursuant to court judgment and contract negotiations covering issue prospectively do not render allegations of unilateral change in past practice moot--if violation found, Board order could clarify parties' mutual legal rights and obligations under EERA; pp. 5-9. more or view all topics or full text.
2219210/02/78