All notes for Subtopic 1205.01000 – In General

DecisionDescriptionPERC Vol.PERC IndexDate
2614Ea Los Rios Community College District and Los Rios College Federation of Teachers, Local 2279
1205.1000: 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.
08/08/19
A444M City of San Luis Obispo
1205.1000: 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.
4110812/13/16
2544E Bellflower Unified School District
1205.1000: 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.
427012/15/17
2464M City of San Diego * * * Decision upheld on appeal to the California Supreme Court (8/2/2018); limited review of remedial order on remand. * * *
1205.1000: 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.
4010812/29/15
2385E Bellflower Unified School District
1205.1000: 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.
391706/30/14
2143M Omnitrans
1205.1000: 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.
3417111/18/10
2103M City of San Diego (Office of the City Attorney) * * * OVERRULED IN PART by City of Sacramento (2013) PERB Decision No. 2351-M
1205.1000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General
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.
346303/26/10
2045M County of Sacramento
1205.1000: 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.
3312706/30/09
2044M County of Sacramento
1205.1000: 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.
3312606/30/09
2036M City of Alhambra
1205.1000: 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.
3310306/09/09
2037M City of Alhambra
1205.1000: 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.
3310106/09/09
2043M County of Sacramento
1205.1000: 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.
3312206/30/09
A379E Long Beach Community College District
1205.1000: 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.
3311206/22/09
1548E Mark Twain Union Elementary School District
1205.1000: 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.
2713409/26/03
1524M County of San Joaquin (Health Care Services)
1205.1000: 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.
277405/14/03
1515E Los Rios College Federation of Teachers, Local 2279 (Deglow)
1205.1000: 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.
274204/03/03

1205.1000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; In General
PERB's remedial powers are broad; relation of remedy to policy is peculiarly a matter for administrative competence. [210 Cal.App.3d at 189] more or view all topics or full text.
A258E San Francisco Community College District
1205.1000: 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.
182511108/03/94
2311Ma City of Escondido * * * VACATED By City of Escondido v. PERB (Cal.Ct.App., Mar. 8, 2017, No. D070462) 2017 WL 91509
1205.1000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; 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
0506E Los Angeles Unified School District
1205.1000: 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.
91613105/07/85
0277E Westminster School District
1205.1000: 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.
71403412/31/82
0225E Newark Unified School District, Board of Education
1205.1000: 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.
61316406/30/82
0038E Azusa Unified School District
1205.1000: 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.
158711/23/77