All notes for Subtopic 1203.01000 – In General

DecisionDescriptionPERC Vol.PERC IndexDate
2689M * * * JUDICIAL APPEAL PENDING * * * Salinas Valley Memorial Hospital District
1203.1000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General
The Board considered the Hospital’s repeated failure to apply its own rule reasonably and exhaustive history of litigating similar issues in finding the Board was well within its broad remedial authority to order the employer to recognize and commence bargaining with ESC. more or view all topics or full text.
01/13/20
2600M County of Ventura
1203.1000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General
The Board ordered the County to process the Union’s certification petition and any future petition the Union may file with respect to Clinic employees, to provide reasonable lists of Clinic employees and associated information, and to cease and desist from enforcing a personnel rule limiting the timeframe during which petitions may be filed by Union. An order to provide such lists is appropriate given that the County has substantially frustrated employee rights by refusing to comply with the Board’s 2009 order and relitigating the extent to which it is an employer of Clinic employees. Board does not issue the more severe remedy—a bargaining order—because it has no basis to conclude that Union attained majority status. In the absence of a bargaining order it is appropriate for the County to provide a list of Clinic employees. While Board cannot undo past delays, this remedy will help to minimize future delays while balancing all competing interests. (p. 44 & fn. 50.) more or view all topics or full text.
438712/07/18
2615M County of Kern
1203.1000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General
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
2558E Children of Promise Preparatory Academy
1203.1000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General
Bargaining order is the appropriate remedy where employer has failed to bargain in good faith. more or view all topics or full text.
4212403/27/18
2494M City of Davis
1203.1000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General
Employer that unilaterally implemented a performance improvement plan procedure was ordered to cease and desist implementing the policy of issuing such plans and to negotiate upon request with the exclusive representative over the use of performance improvement plans. more or view all topics or full text.
413306/30/16
2438E Los Angeles Unified School District
1203.1000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General
When a union has offered to enter into a confidentiality agreement wherein the union will agree to limit the use and dissemination of requested information for representation and bargaining purposes only,” and the District rejects such offer, the offer is sufficient to address the District’s concerns that the information will be disseminated, and it is appropriate for the Board to include in the order a requirement of a confidentiality agreement in accordance with the terms proposed by the union applicable to the union and its agents and employees. more or view all topics or full text.
402606/25/15
2380M City of Selma
1203.1000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General
The City prematurely declared impasse and imposed its LBFO requiring employees to contribute to CalPERS and rescinding furlough days is ordered to return to the status quo ante, make employees whole for out-of-pocket losses, with interest, and bargain with the Association on request. more or view all topics or full text.
391106/27/14
2163M County of Riverside
1203.1000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General
The appropriate remedy for a county’s unreasonable denial of a unit modification petition is to order the county, upon the petitioning union’s request, to process the petition pursuant to a reasonable interpretation of its local rules. The Board rejected the union’s request to certify the modified units sought in the petition. more or view all topics or full text.
354202/18/11
2114M County of Santa Clara
1203.1000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General
Out-of-pocket expenses are only compensable if such costs are a direct consequence of the violation. more or view all topics or full text.
349706/08/10
2067M County of Ventura
1203.1000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General
Where a County was determined to be a joint employer of physicians at its hospital outpatient clinics, the proper remedy was an order to the County to process Charging Party union’s request for recognition as the exclusive representative pursuant to local rules. The Board denied the Charging Party’s request that the County be ordered to immediately recognize the Charging Party or move directly to a representation election, holding that such a remedy was premature. more or view all topics or full text.
3316609/29/09
1682E Desert Sands Unified School District
1203.1000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General
The appropriate remedy in this case is an order to return to the status quo and to negotiate with CSEA regarding transfer of unit work. more or view all topics or full text.
2824108/25/04
1390S State of California (Department of Corrections)
1203.1000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General
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)
1203.1000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General
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)
1203.1000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General
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
1077H University of California (University of California-American Federation of Teachers)
1203.1000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General
The Board found that the University was only required to make itself immediately available for immediate negotiations with UC-AFT concerning merit reviews for lecturers. As the contract was silent on this matter, it was not legally obligated to do more; p. 5, proposed dec. more or view all topics or full text.
192603512/16/94
2311Ma City of Escondido * * * VACATED By City of Escondido v. PERB (Cal.Ct.App., Mar. 8, 2017, No. D070462) 2017 WL 91509
1203.1000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General
Reimbursement of dues appropriate award where employer was found to have unlawfully laid off employees. Directive for the employer to remit to the union a sum equivalent to dues or agency fees, with interest, that would have been remitted to the union for a certain time period. more or view all topics or full text.
4017805/11/16
1221H Regents of the University of California (Lawrence Livermore)
1203.1000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General
Where University failed to meet and negotiate over the reasonably foreseeable effects of reduction in staff, Board orders impact negotiations; p. 12. more or view all topics or full text.
212816109/26/97
0373Eb Mt. Diablo Unified School District
1203.1000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General
Employer's unilateral increase of workload of librarians breached its duty to negotiate in good faith. Employer ordered to restore status quo and negotiate with association; p. 19. more or view all topics or full text.
81514208/15/84
0359H Regents of the University of California * * * VACATED by Cole Letter of October 29, 1986 * * *
1203.1000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General
System-wide order against University proper where policy change was system-wide. Vacated by Cole letter of 10/29/86. more or view all topics or full text.
71429311/23/83
0326E Oakland Unified School District
1203.1000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General
Board orders modified remedy for unlawful failure to bargain effects of layoff. more or view all topics or full text.
71419507/11/83
1353E East Side Union High School District
1203.1000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General
In a unilateral reduction of hours of a vacant position, the remedy was to direct the District to enter into negotiations over the unilateral changes immediately upon request of the union; p. 13. more or view all topics or full text.
233017409/30/99