All notes for Subtopic 1204.01000 – In General
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 1738M | City of San Diego 1204.01000: REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION; In General The Board found that the remedial order in the consolidated cases should not apply only to the individual charging party as the cases were not only about discrimination against her, and the remedy was not only retrospective. Furthermore, the complaints alleged not only discrimination against employees but also interference with employee rights and a violation of Association’s duty of fair representation. These allegations on their face were not limited to one employee, nor should the remedy be. (adopting proposed decision at p. 13.) more or view all topics or full text. | 29 | 57 | 01/20/05 |
| 2674Mb | Orange County Employees Association (Hamilton) 1204.01000: REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION; In General PERB declined to award attorney fees as damages in a breach of representation case because the employee’s civil complaint involved (1) the same discrimination claims in a grievance that her union failed to file, and (2) additional retaliation claims. (pp. 4-5.) Because both claims were based on the same core set of facts, they were inextricably intertwined and it was impractical or impossible to apportion the attorney’s time spent on each claim. Under these circumstances, the Board ruled it did not further the purposes of the MMBA to require the union to pay the employee’s attorney fees as damages for breaching its duty of fair representation. (pp. 5-6.) more or view all topics or full text. | 44 | 108 | 05/28/20 |
| 2674Ma | Orange County Employees Association (Hamilton) 1204.01000: REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION; In General In duty of fair representation cases, employees are only entitled to an award of back pay or other damages where they can show that the union’s breach was the actual or proximate cause of their injuries. It is incumbent upon the charging party to put evidence of causation into the record during PERB’s hearing process. (p. 4.) more or view all topics or full text. | 44 | 108 | 12/11/19 |
| 2674M | Orange County Employees Association (Hamilton) 1204.01000: REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION; 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. | 44 | 76 | 10/15/19 |
| 2643E | California School Employees Association (Williams) 1204.01000: REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION; In General 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. | 43 | 185 | 05/17/19 |
| 2475E | United Teachers of Los Angeles (Raines, et al) 1204.01000: REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION; In General Employees generally not entitled to both wages and/or benefits allegedly lost as a result of their representative’s breach of its duty of fair representation and to be excused from contributing dues or agency fees owed to the representative, as the latter is necessary for the organization to continue functioning as their exclusive representative. pp. 93-94. Under federal precedent, employees seeking to recover lost wages or benefits allegedly stemming from their representative’s misrepresentation or omission of material facts about negotiations in violation of the duty of fair representation must show that: (a) absent the material misrepresentations or omissions, the outcome of the ratification vote would have been different; and, that (b) had the membership rejected the tentative agreement, the employer would have agreed to the union’s demands to negotiate different terms more favorable to the complaining employees. Although representative violated its duty of fair representation by negotiating change to seniority rights without notice or opportunity for input from employees, to recover lost income or benefits, charging parties must show through competent evidence that the change in seniority rules was the proximate cause of any losses suffered, i.e., that job assignments were awarded on the basis of the altered seniority rules. p. 92. more or view all topics or full text. | 40 | 147 | 02/29/16 |
| 2094H | Regents of the University of California * * * OVERRULED IN PART by amendment to HEERA section 3563.3, Stats. 2011, Ch. 539 1204.01000: REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION; In General * * * OVERRULED IN PART by Stats. 2011, ch. 539 (S.B. 857), § 4, which provides that PERB may not award damages for an unlawful strike. * * *PERB has authority to make an employer whole for expenses necessarily incurred or economic harm suffered as a direct result of unlawful strike activity. Expenses must have been necessary to maintain continuity of operations during the strike and proper to mitigate foreseeable effects of the strike. Expenses that are speculative or cannot be quantified, or that were only indirectly related to the strike, are not compensable. Expenses and losses are to be offset by any savings the employer realized as a result of the strike activity. Damages will not be awarded unless the employer first seeks to stop the strike or mitigate its losses by seeking injunctive relief through PERB. Case remanded to ALJ for hearing on whether employer sustained compensable damages. more or view all topics or full text. | 34 | 41 | 02/02/10 |
| 1898M | Amalgamated Transit Union Local 1704 (Buck) 1204.01000: REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION; In General In cases involving a union’s failure to file a grievance, a charging party may recover a make-whole remedy only if the charging party demonstrates that he/she would have prevailed on the merits if the grievance was properly processed. more or view all topics or full text. | 31 | 88 | 04/10/07 |
| 1582H | University Professional and Technical Employees, Communications Workers of America Local 9119 (Trout) 1204.01000: REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION; In General The Board “may also issue a compliance order on its motion” under HEERA section 3587 and under its plenary powers under HEERA section 3563(m) but Trout has failed to allege facts that would support such an action. more or view all topics or full text. | 28 | 59 | 01/13/04 |
| 1126S | California State Employees Association (Hackett, et al.) * * * OVERRULED IN PART by California State Employees Association (Hard, et al.) (1999) PERB Decision No. 1368-S 1204.01000: REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION; In General * * * OVERRULED IN PART ON OTHER GROUNDS by California State Employees Association (Hard et al.) (1999) PERB Decision No. 1368-S, p. 28. * * *Posting is sufficient remedy; p. 33, proposed dec; Attorney's fees and costs of litigation, including lost time and wages, were not awarded because PERB has held that such remedies are not appropriate unless there is a showing that the respondent's unlawful conduct has been repetitive and that its defenses are without arguable merit. (Modesto City Schools and High School District (1985) PERB Decision No. 518.); pp. 34-35, proposed dec. more or view all topics or full text. | 20 | 27014 | 12/06/95 |
| 1032S | California Union of Safety Employees (Coelho) 1204.01000: REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION; In General The union is required to notify the employer and unit member that it is withdrawing the citizen's complaint filed against the unit member with his employer, remove any union records concerning the complaint and notify the unit member that this action has been taken; p. 18. more or view all topics or full text. | 18 | 25029 | 01/06/94 |
| 1029S | California Union of Safety Employees (Trevisanut) 1204.01000: REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION; In General Only named parties should be granted a remedy. To grant a remedy to employees not named as parties amounts to amending the complaint; pp. 9-10. more or view all topics or full text. | 18 | 25026 | 12/13/93 |