All notes for Subtopic 1205.01000 – In General
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2881E | West Contra Costa Unified School District 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General The appropriate remedy for an employer’s unlawful unilateral change normally includes at least an order to bargain, make-whole relief, rescission of changes, a cease-and-desist order, and a notice-posting order, among other remedies. (County of Santa Clara (2023) PERB Decision No. 2876-M, pp. 37-38; Imperial Irrigation District (2023) PERB Decision No. 2861-M, p. 64.) (p. 18.) more or view all topics or full text. | 48 | 79 | 11/06/23 |
| 2876M | * * * JUDICIAL APPEAL PENDING * * * County of Santa Clara 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General A failure to comply with bargaining obligations during an emergency can warrant an order to bargain, make-whole relief, rescission of changes, a cease-and-desist order, and a notice-posting order, among other remedies. (Imperial Irrigation District (2023) PERB Decision No. 2861-M, pp. 64-69.) Because changes taken in reliance on an emergency defense must be limited to the timeframe that the emergency requires, the County is required to honor any request that one or both Unions may make to rescind, as to their respective bargaining units, emergency policies and assignments, or any combination thereof. (pp. 37-38.) more or view all topics or full text. | 48 | 66 | 10/17/23 |
| 2867M | * * * JUDICIAL APPEAL PENDING * * * City and County of San Francisco 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General An action in quo warranto is the exclusive means to invalidate a ballot initiative that was passed in violation of the MMBA’s meet-and-confer requirement. (See Boling v. Public Employment Relations Bd. (2019) 33 Cal.App.5th 376, 384-386.) But when the order does not remedy a procedural irregularity in the legislative process that resulted in the enactment of any portions of the City Charter, quo warranto would not be available to remedy the violations alleged in this case. Where a local ordinance conflicts with the MMBA, it is void or invalid. (See LA County, supra, 160 Cal.App.3d at p. 908; see also Huntington Beach Police Officers’ Assn. v. City of Huntington Beach, supra, 58 Cal.App.3d at p. 503.) more or view all topics or full text. | 48 | 30 | 07/24/23 |
| 2867M | * * * JUDICIAL APPEAL PENDING * * * City and County of San Francisco 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General Because PERB is a quasi-judicial agency, the separation of powers doctrine prevents PERB from compelling legislative action by a city or county. (City of Palo Alto v. Public Employment Relations Bd. (2016) 5 Cal.App.5th 1271, 1310 (Palo Alto).) Therefore, PERB lacks the authority to order the City to rescind charter provisions. However, it is “appropriate and within PERB’s authority to declare void and unenforceable portions of the Charter that conflict with the MMBA. Unlike ordering the language ‘rescinded,’ such an order does not amount to ‘rewriting’ the Charter, but merely enjoins enforcement of the illegal regulation.” (CCSF III, supra, PERB Decision No. 2536-M, p. 39.) (pp. 53-54.) more or view all topics or full text. | 48 | 30 | 07/24/23 |
| 1738M | City of San Diego 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; 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 |
| 2834E | Butte-Glenn Community College District 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General The appropriate remedy in cases involving a failure to provide information typically includes a cease-and-desist order and an order to provide the requested information upon the charging party’s request. (State of California (Department of State Hospitals) (2018) PERB Decision No. 2568-S, pp. 16-18; Regents of the University of California (Davis) (2010) PERB Decision No. 2101-H, p. 37; see also Children of Promise Preparatory Academy (2019) PERB Order No. Ad-473, pp. 4-5 [responding party must provide requested information based upon its duties when its obligation first arose, irrespective of whether intervening events may have created new potential defenses to providing the requested information].) (p. 19.) more or view all topics or full text. | 47 | 68 | 10/07/22 |
| 2783H | Regents of the University of California 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General Although the unions presented no evidence that any employee suffered a loss as a result of noncompliance with the employer’s vaccination policy, an unfair practice finding creates a presumption that employees suffered some loss as a result of the employer’s unlawful conduct. Consistent with the presumption, the unions will have the opportunity to establish in compliance proceedings that any employees they represent suffered a loss as a result of the vaccination policy, such as discipline, unpaid leave, and out-of-pocket payment of vaccine costs. (p. 32.) more or view all topics or full text. | 46 | 38 | 07/26/21 |
| 2783H | Regents of the University of California 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General Order to cease and desist from the unlawful conduct and to post physical and electronic notices of the violation was appropriate remedy for failure to meet and confer in good faith over effects before implementing a non-negotiable decision. more or view all topics or full text. | 46 | 38 | 07/26/21 |
| 2761M | County of San Joaquin 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General A “properly designed remedial order seeks a restoration of the situation as nearly as possible to that which would have obtained but for the unfair labor practice.” (Modesto City Schools (1983) PERB Decision No. 291, pp. 67-68.) An appropriate remedy therefore should make whole all injured persons or organizations for the full amount of their losses and should withhold from the wrongdoer the fruits of its violation. (City of Pasadena (2014) PERB Order No. Ad-406-M, p. 13.) In addition to serving restorative and compensatory functions, a Board-ordered remedy should also deter future misconduct, so long as the order is not a patent attempt to achieve ends other than those which can fairly be said to effectuate the policies of the labor relations laws the Board enforces. (Sacramento City Unified School District (2020) PERB Decision No. 2749, pp. 10-11.) more or view all topics or full text. | 45 | 92 | 04/12/21 |
| 2749E | Sacramento City Unified School District 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General The Legislature has delegated to PERB broad powers to remedy EERA violations and to take any action the Board deems necessary to effectuate the Act’s purposes. (EERA, § 3541.5, subd. (c); City of San Diego (2015) PERB Decision No. 2464-M, p. 42 (San Diego), affirmed sub nom. Boling v. Public Employment Relations Bd. (2018) 5 Cal.5th 898; Mt. San Antonio Community College Dist. v. Public Employment Relations Bd. (1989) 210 Cal.App.3d 178, 189-190.) A “properly designed remedial order seeks a restoration of the situation as nearly as possible to that which would have obtained but for the unfair labor practice.” (Modesto City Schools (1983) PERB Decision No. 291, pp. 67-68.) An appropriate remedy therefore should make whole all injured persons or organizations for the full amount of their losses and should withhold from the wrongdoer the fruits of its violation. (City of Pasadena (2014) PERB Order No. Ad-406-M, p. 13 (Pasadena).) In addition to serving restorative and compensatory functions, a Board-ordered remedy should also deter future misconduct, so long as the order is not a patent attempt to achieve ends other than those which can fairly be said to effectuate the policies of the Act. (City of Palo Alto (2019) PERB Decision No. 2664-M, p. 3; San Diego, supra, PERB Decision No. 2464-M, pp. 40-42; Pasadena, supra, PERB Order No. Ad-406-M, pp. 12-13.) more or view all topics or full text. | 45 | 58 | 11/02/20 |
| 2745M | County of Sacramento 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General 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. | 45 | 39 | 09/18/20 |
| 2674Mb | Orange County Employees Association (Hamilton) 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; 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) 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; 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 |
| 2614Ea | Los Rios Community College District and Los Rios College Federation of Teachers, Local 2279 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General Employer renewed request for monetary sanctions against charging party with lengthy history of filing repetitive unfair practice charges that feature frivolous claims and/or which seek to relitigate issues that have already been resolved dismissed without prejudice. Charging party may be subject to monetary sanctions should she continue to abuse PERB processes. Moreover, litigation sanctions ordered against a charging party with history of filing repetitive and frivolous unfair practice charges remain in effect. more or view all topics or full text. | 44 | 41 | 08/08/19 |
| A444M | City of San Luis Obispo 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General When an employer’s conduct is alleged to constitute a unilateral change or other bargaining violation simultaneously affecting more than one bargaining unit, the exclusive representative of each unit must bring its own timely charge on behalf of itself and the employees in its respective unit(s). In such circumstances, the Board’s usual practice is to limit any remedy to only the unit or units where the designated representative has successfully litigated the case. This approach is necessary to protect the rights of the respondent to notice of the allegations against it and to protect the rights of other employee organizations who may prefer to acquiesce to an employer’s conduct. (pp. 5-6.) more or view all topics or full text. | 41 | 108 | 12/13/16 |
| 2544E | Bellflower Unified School District 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General The Board rejected a school district’s exception that a Board-ordered remedy including restoration of the status quo and make-whole relief conflicted with federal law governing special education. The district’s statement of exceptions and supporting brief included no citation to any provision of the federal statute or decisional law interpreting it, and the district failed to explain how PERB’s customary remedy for a unilateral change would conflict with federal law. The district’s filing both failed to comply with the requirements of PERB Regulation 32300 governing exceptions, and, even if considered, had no merit. Unless a remedial measure positively conflicts with “inflexible standard[s]” or “immutable provisions” set by external law, the fact that it affects matters normally within the jurisdiction of another tribunal does not, by itself, make PERB’s remedy improper. (pp. 10-11.) more or view all topics or full text. | 42 | 70 | 12/15/17 |
| 2464M | City of San Diego * * * Affirmed, 5 Cal.5th 898 (2018). Remedy modified by City of San Diego (2019) PERB Decision No. 2464a-M * * * 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General 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. more or view all topics or full text. | 40 | 108 | 12/29/15 |
| 2385E | Bellflower Unified School District 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General 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. | 39 | 17 | 06/30/14 |
| 2143M | Omnitrans 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General PERB will award attorney’s fees only if the charge is both without arguable merit and pursued in bad faith. Union failed to demonstrate that agency’s failure to appear in person for a settlement conference or make a timely request to reschedule was a deliberate attempt to delay the proceedings, or was otherwise indicative of bad faith by the agency. Agency’s attorney was available by telephone, and union acknowledged that it had participated in prior settlement conferences where the agency appeared by telephone. more or view all topics or full text. | 34 | 171 | 11/18/10 |
| 2103M | City of San Diego (Office of the City Attorney) * * * OVERRULED IN PART by City of Sacramento (2013) PERB Decision No. 2351-M 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General * * * OVERRULED IN PART ON OTHER GROUNDS by City of Sacramento (2013) PERB Decision No. 2351-M. * * *The appropriate remedy for an employer bypass violation related to statements posted on the employer website, was a notation to the posting indicating that it did not apply to employees represented by the charging party. An ALJ’s order removing the posted statements from the website is overbroad. more or view all topics or full text. | 34 | 63 | 03/26/10 |
| 2045M | County of Sacramento 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General 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. | 33 | 127 | 06/30/09 |
| 2044M | County of Sacramento 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General 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. | 33 | 126 | 06/30/09 |
| 2036M | City of Alhambra 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General PERB will award attorney fees only if the charge is without arguable merit and pursued in bad faith. For purposes of this test, the term “bad faith” includes conduct that is dilatory, vexatious or otherwise an abuse of process. The Board did not award attorney fees because the record lacked evidence that the Union pursued the unfair practice in bad faith. more or view all topics or full text. | 33 | 103 | 06/09/09 |
| 2037M | City of Alhambra 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General PERB will award attorney fees only if the charge is without arguable merit and pursued in bad faith. Attorney fees are awarded in case where the Union’s witness lied under oath regarding his knowledge of the employer’s policies in order that the charge may survive a timeliness challenge, thereby establishing bad faith in pursuing untimely unfair practice charge alleging unlawful unilateral change. more or view all topics or full text. | 33 | 101 | 06/09/09 |
| 2043M | County of Sacramento 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General 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. | 33 | 122 | 06/30/09 |
| A379E | Long Beach Community College District 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General The Board upheld the administrative Law Judge’s finding that the Long Beach Community College District complied with the Board’s Order in Long Beach Community College District (2008) PERB Decision No. 1941. Specifically, that the Board did not order a traditional back pay remedy, but rather order a limited Transmarine Navigation Corporation (1968) 170 NLRB 389, enf’d NLRB v. Transmarine Navigation Corporation (9th Cir. 1967) 380 F.2d 933 style remedy, requiring the payment of wages and benefits, at pre-layoff rates, starting on March 10, 2008 and continuing until one of its stated conditions was met. more or view all topics or full text. | 33 | 112 | 06/22/09 |
| 1548E | Mark Twain Union Elementary School District 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General 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. | 27 | 134 | 09/26/03 |
| 1524M | County of San Joaquin (Health Care Services) 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General Board found that an employee was issued a “plan of corrective action,” which was also sent to a national database for physicians, because of protected activities. Because the action would not have been taken but for the employee’s protected activity, County was ordered to rescind the plan and to notify the national database that the plan was improperly issued. more or view all topics or full text. | 27 | 74 | 05/14/03 |
| 1515E | Los Rios College Federation of Teachers, Local 2279 (Deglow) 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General Continual filing of similar charges on the same subject matter may result in the imposition of sanctions. Under EERA §§3541.3(i) and 3541.3(n), and Government Code §11455.30, PERB has jurisdiction to order a party to pay the other party’s reasonable expenses, including attorney’s fees, for the offending party’s bad faith actions or frivolous tactics. more or view all topics or full text. | 27 | 42 | 04/03/03 |
| A258E | San Francisco Community College District 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General The Board declined to exercise its discretionary authority to seek enforcement of a prior PERB order pursuant to Government Code section 3542(d) and Regulation 32980, since the present dispute is substantively different from that presented to the Board in the earlier case, and to deprive the Respondent of the ability to respond to new factual and legal issues today would potentially deny them a full and fair hearing. more or view all topics or full text. | 18 | 25111 | 08/03/94 |
| 2311Ma | City of Escondido * * * VACATED IN PART By City of Escondido v. PERB (Cal.Ct.App., Mar. 8, 2017, No. D070462) 2017 WL 915109 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General * * * REVERSED IN PART ON OTHER GROUNDS by City of Escondido v. PERB (Cal. Ct. App., Mar. 8, 2017, No. D070462) 2017 WL 915109. * * *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. | 40 | 178 | 05/11/16 |
| 0506E | Los Angeles Unified School District 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General Before issuance of a complaint, voluntary compliance by District is appropriate remedy for failure to "sunshine" proposals. more or view all topics or full text. | 9 | 16131 | 05/07/85 |
| 0277E | Westminster School District 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General District's claimed expenses for substitute training and telephone tree were neither consequence of the strike nor proper mitigation measures, and are not properly chargeable to Association; p. 19. more or view all topics or full text. | 7 | 14034 | 12/31/82 |
| 0225E | Newark Unified School District, Board of Education 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General Where charging party failed to prove actual implementation of layoff ultimately affected matters within scope, only notice posting is mandated (for flat refusal to negotiate effects), not affirmative relief; p. 7. more or view all topics or full text. | 6 | 13164 | 06/30/82 |
| 0038E | Azusa Unified School District 1205.01000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General Eviction of union tenant from employer-owned building would serve no purpose where (d) violation found as employer has business justification for desiring that the building be occupied. Payment of fair rental value required instead. more or view all topics or full text. | 1 | 587 | 11/23/77 |