All notes for Subtopic 1205.03000 – Notices; Posting, Reading, and Mailing
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2904Ea |
Clovis Unified School District
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
While PERB considers decisions of the National Labor Relations Board (NLRB) only for their persuasive value, NLRB precedent supports specifying exactly how an employer must provide notice of a decision against it. (See, e.g., HTH Corporation (2014) 361 NLRB 709, 713-716 [specifying the high level executives, supervisors, and managers who must attend spoken notice readings, with sign-in sheets required; and further requiring that notice of NLRB’s findings and separate explanation of rights be electronically posted and physically posted at worksite for three years, mailed to all employees, supervisors, and managers, published twice weekly for eight weeks in two local publications chosen by the NLRB, and provided to all new employees, supervisors, and managers within 7 days of hiring, for three years); United States Service Industries (1995) 319 NLRB 231, 232 [requiring that notice must be translated to Spanish, and specifying that operations manager must read the notice or be present while NLRB agent reads it, “because the record indicates that the employees view him as the personification of the Company.”]) (p. 40, fn. 14.) more or view all topics or full text. |
49 | 74 | 10/14/24 |
| 2904Ea |
Clovis Unified School District
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
The District’s argument--that the Board’s remedial order requiring recently appointed superintendent to read PERB’s notice verbatim would violate superintendent’s constitutional rights—was contrary to precedent. (See, e.g., Barke v. Banks (9th Cir. 2022) 25 F.4th 714, 719 [public officials’ statements in their official capacities do not implicate individual constitutional rights].) Choosing the superintendent to read the notice does not reflect any finding of bad intent on the superintendent’s part, as intent is irrelevant to the violations found. (Clovis Unified School District (2024) PERB Decision No. 2904, p. 36.) Rather, the superintendent is the District official whose participation in the spoken notice will have the greatest tendency to convince listeners that the District will, in fact, comply with the law going forward. (pp. 38-39.) more or view all topics or full text. |
49 | 74 | 10/14/24 |
| 2904Ea |
Clovis Unified School District
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
As explained in Clovis Unified School District (2024) PERB Decision No. 2904 (Clovis), spoken notice is appropriate if customary notice methods, in combination with other remedies, are insufficient. (Id. at p. 65.) To partially level the playing field after decades of District domination of the Faculty Senate, the Board ordered the District to create a video showing the superintendent reading PERB’s notice, and to play the video at regularly scheduled meetings of teachers at each school, during the school year. Although the Board’s only other spoken notice order did not specify video recording or a particular speaker (Mt. San Jacinto Community College District (2023) PERB Decision No. 2865, p. 43), that case involved a smaller employer with fewer sites, and the violation was retaliation against two faculty members. Because the District is larger with far more sites, and the violations are more longstanding and wide reaching, the circumstances warranted a video recording by the District’s superintendent. (pp. 37-40.) more or view all topics or full text. |
49 | 74 | 10/14/24 |
| 2930E |
Hacienda La Puente Unified School District
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
A spoken notice reading is one example of a non-standard remedy that is warranted “whenever customary remedies are insufficient.” (Regents of the University of California (2021) PERB Decision No. 2755-H, p. 56.) Here, the District’s actions caused the Chapter President to decline to run for that office when her term was up, and could leave other employees chilled by its retaliatory acts. The Board therefore found that this case called for a non-standard remedy. “Notice reading is a way to let in a ‘warming wind of information’ to not only alert employees to their rights but also impress upon them that, as a matter of law, their employer or union must and will respect those rights in the future. Reading the notice (and any explanation of rights) aloud disseminates that information through the work force in a clear and effective way.” (Mt. San Jacinto Community College District (2023) PERB Decision No. 2865, pp. 42-43 citing Noah’s Ark Processors, LLC D/B/A WR Reserve (2023) 372 NLRB 80, p. 6, citations omitted.) (pp. 42-43.) more or view all topics or full text. |
49 | 91 | 11/15/24 |
| 2904E |
Clovis Unified School District
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
PERB orders spoken notice if customary notice methods, in combination with other remedies, are insufficient. (Mt. San Jacinto Community College District (2023) PERB Decision No. 2865, p. 42.) Such a remedy was necessary given the egregious violations. The Board required the District to: (1) make a video recording in which the District superintendent reads the Appendix to the final Board decision, verbatim, with no other statement of any kind, and provides the rival nonexclusive representative with a true, unedited copy of the video; (2) show the video at a regular staff meeting of certificated employees at each school site (or at a special meeting, if and only if the rival nonexclusive representative and the District agree); and (3) provide the rival nonexclusive representative with at least 10 days’ notice as to when the District will show the video at each school site, and an opportunity to attend each viewing. The Board did not order the Senate to engage in a spoken notice reading, as it was doubtful that the Senate could accomplish such a task without assistance from the District, and the Board’s order prohibits the two entities from having any relationship regarding District teachers’ terms and conditions of employment. (p. 65.) more or view all topics or full text. |
49 | 14 | 06/20/24 |
| 2900M |
* * * JUDICIAL APPEAL PENDING * * * County of Santa Clara
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
The Board denied a union’s request to augment the customary means of affording employees notice of its decision by ordering the County to provide spoken notice, as the union did not establish that customary notice mechanisms are insufficient. (See County of San Joaquin (Sheriff’s Department) (2018) PERB Decision No. 2619-M, p. 14, fn. 14; Alliance College-Ready Public Schools et al. (2017) PERB Decision No. 2545, pp. 17-18; cf. Mt. San Jacinto Community College District (2023) PERB Decision No. 2865, pp. 42-43 [spoken notice needed to “blunt the impact of the District’s unlawful conduct, which may otherwise persist to some degree”].) (p. 26.) more or view all topics or full text. |
48 | 169 | 04/23/24 |
| 2876M |
* * * JUDICIAL APPEAL PENDING * * * County of Santa Clara
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
Given the sweeping nature of the County’s assertion of emergency powers to disregard the MMBA, the Board ordered that the physical posting should occur County-wide. (p. 38.) more or view all topics or full text. |
48 | 66 | 10/17/23 |
| 2867M |
City and County of San Francisco
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
When void and unenforceable Charter provisions impacted City employees beyond the bargaining units represented by Charging Parties, Board ordered the notice to be posted City-wide. more or view all topics or full text. |
48 | 30 | 07/24/23 |
| 2865E |
Mt. San Jacinto Community College District
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
Because the remedy did not not fully restore the status quo for two employees who lost their department chair positions in retaliation for protected activity, and particularly because the District’s pervasive retaliatory conduct likely harmed their reputations in a way which could impact their ability to compete in future chair elections, the Board supplemented the remedy to include a verbal reading of the notice posting by a District representative to those District employees in the bargaining unit.
A spoken notice reading is one example of a non-standard remedy that is warranted “whenever customary remedies are insufficient.” Here, however, declining to reinstate the employees as chairs—out of concern for innocent incumbents—could leave employees chilled by Brown’s retaliatory acts. The Board therefore found that this case called for a non-standard remedy. “Notice reading is a way to let in a ‘warming wind of information’ to not only alert employees to their rights but also impress upon them that, as a matter of law, their employer or union must and will respect those rights in the future. Reading the notice (and any explanation of rights) aloud disseminates that information through the work force in a clear and effective way.” (Noah’s Ark Processors, LLC D/B/A WR Reserve (2023) 372 NLRB 80, p. 6, citations omitted.) (pp. 42-43.) more or view all topics or full text. |
48 | 15 | 06/28/23 |
| 2847M |
Kern County Hospital Authority
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
The ALJ issued a standard order requiring the employer to physically post and electronically distribute a notice to ensure that all affected employees learn the outcome of this matter. (City of Sacramento (2013) PERB Decision No. 2351-M, pp. 44 [adding electronic distribution to PERB’s standard notice posting remedy].) The Board denied union’s request to order broader notice posting and distribution, as record did not prove that employer announced a new policy or policy interpretation with respect to any employees outside the bargaining units represented by the union. (Cf. City and County of San Francisco (2017) PERB Decision No. 2536-M [Board required posting and distribution in a manner calculated to reach all employer’s employees where employer maintained an unreasonable rule affecting all of its employees, not just those represented by the charging party union].) (pp. 18-19.) more or view all topics or full text. |
47 | 142 | 12/20/22 |
| 2783H |
Regents of the University of California
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
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 |
| 2757M |
City and County of San Francisco
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
Unless the Board limits the posting requirement, PERB’s traditional remedy for an employer’s unfair practice includes a notice posting requirement on a unit-wide basis. “The purpose of posting a notice incorporating the terms of the order is educational for the represented employees. It is to notify employees of the conduct that was found to be unlawful, assure all employees affected by the decision of their rights and PERB’s conclusions, and inform employees that the controversy is now resolved and the employer is ready to comply with the remedy ordered.” [Citation.] The posting requirement also serves the purpose of “prevent[ing] the recurrence of the prohibited conduct on a unit-wide basis.” [Citation.] (p. 13.) more or view all topics or full text. |
45 | 84 | 03/03/21 |
| 2698M |
City and County of San Francisco
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
Unless the Board limits the posting requirement, PERB’s traditional remedy for an employer’s unfair practice includes a notice posting requirement on a unit-wide basis. “The purpose of posting a notice incorporating the terms of the order is educational for the represented employees. It is to notify employees of the conduct that was found to be unlawful, assure all employees affected by the decision of their rights and PERB’s conclusions, and inform employees that the controversy is now resolved and the employer is ready to comply with the remedy ordered.” [Citation.] The posting requirement also serves the purpose of “prevent[ing] the recurrence of the prohibited conduct on a unit-wide basis.” [Citation.] (pp. 12-13.) more or view all topics or full text. |
44 | 143 | 02/24/20 |
| 2619M |
County of San Joaquin (Sheriff's Department)
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
Notice reading, also known as spoken notice, may be warranted in appropriate circumstances. more or view all topics or full text. |
43 | 114 | 12/28/18 |
| 2602M |
City of Commerce
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
The Board finds no authority for declining to order a notice posting based on the relative lack of severity of the unfair practices committed. more or view all topics or full text. |
43 | 89 | 12/11/18 |
| 2545E |
Alliance College-Ready Public Schools, et al.
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
The reading of a notice by a respondent is an “extraordinary” or “special” remedy that will be imposed only where required by the particular circumstances of a case, which may include when the violations are egregious or repeated, or when there are low levels of literacy among employees. more or view all topics or full text. |
42 | 76 | 12/28/17 |
| 2536M |
City and County of San Francisco
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
Electronic notice posting should be directed to all employees affected by the employer’s unlawful conduct, not only those represented by the charging party. more or view all topics or full text. |
42 | 14 | 06/30/17 |
| 2465S |
State of California (California Correctional Health Care Services)
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
Posting copies of the remedial order in unfair practice cases effectuates the policies and purposes of California’s labor relations statutes; where the violation to be remedied does not involve contract language applicable to the entire bargaining unit, and the only employees affected by the Board’s decision are those located at a specific site where the violation occurred, it is appropriate to order respondent to post notice at locations where notices to those employees are customarily posted; a broader system-wide or unit-wide notice may be warranted where the violation to be remedied concerns contract language applicable to the entire bargaining unit whose members are employed on a system-wide basis; the scope of notice is to be determined based on the facts of the case on a case-by-case basis. more or view all topics or full text. |
40 | 110 | 12/30/15 |
| 2408H |
Trustees of the California State University (East Bay)
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
The purpose of posting a notice incorporating the terms of PERB’s order is educational for the represented employees. It is to notify employees of the conduct that was found to be unlawful, assure all employees affected by the decision of their rights and PERB’s conclusions, and inform employees that the controversy is now resolved and the employer is ready to comply with the remedy ordered. Charging party’s request that the posting be placed on the CSU system wide website or the CSUEB campus website therefore is overbroad for the purposes of fulfilling the notification requirement to represented employees, because the visitors to the system wide and campus websites are not only faculty or employees, but students, parents, and members of the public more or view all topics or full text. |
39 | 87 | 01/13/15 |
| 2351M |
City of Sacramento
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
Because the unfair practice committed in this case involved the employer’s direct communications via mass email to bargaining unit employees, the Board reviewed and updated PERB’s traditional posting requirement to conform to the realities of the 21st-century workplace. Where the offending party in unfair practice proceedings regularly communicates with employees by email, intranet, websites, or other electronic means, it shall be required to use those same media to post notice of the Board’s decision and remedial order in addition to PERB’s traditional physical posting requirement. Pursuant to its authority to inform employees of their rights and its discretion to determine the circumstances and methods best suited for accomplishing this task, the Board may expand the usual requirement that a respondent post notice of its unfair practices beyond the immediately affected employees to reach employees in other bargaining units whose rights were affected by the same unlawful conduct. Because the City’s unlawful transfer of bargaining unit work caused employees to “bump” into lower classifications in other bargaining units, the City was required to post notice designed to reach employees in all affected bargaining units. more or view all topics or full text. |
38 | 104 | 12/24/13 |
| 2103M |
City of San Diego (Office of the City Attorney) * * * OVERRULED IN PART by City of Sacramento (2013) PERB Decision No. 2351-M
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
* * * 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 |
| 1469E |
Los Angeles Unified School District
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
Despite only one affected employee, unit wide posting appropriate as other unit employees and District personnel would naturally be concerned to know that the District's actions at issue have been found unlawful; posting provides guidance and can prevent the recurrence of prohibited conduct on a unit wide basis. more or view all topics or full text. |
26 | 33023 | 11/29/01 |
| 1412E |
Alisal Union Elementary School District * * * OVERRULED IN PART by County of Santa Clara (2017) PERB Decision No. 2539-M
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
* * * OVERRULED IN PART ON OTHER GROUNDS by County of Santa Clara (2017) PERB Decision No. 2539-M. * * *
Notice posting required in discrimination case. more or view all topics or full text. |
25 | 32007 | 10/10/00 |
| 1374S |
State of California (Department of Youth Authority)
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
Remedy for unilaterally changing steward release time policy was reinstatement of steward's lost time, cease and desist and posting. more or view all topics or full text. |
24 | 31059 | 02/28/00 |
| A300S |
State of California (Departments of Personnel Administration, Banking, et al.)
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
The purpose of posting is to ensure that all employees affected by a decision are notified of their rights under the statute and of PERB's findings regarding violations of those rights. Posting also serves to notify the affected employees that the controversy has been resolved and announces the employer's readiness to comply with the ordered remedy. No statewide posting here because the case involved the legality of three particular agencies' policies and/or the application of those policies to employees of those agencies. The charge does not identify or challenge a statewide policy. It does not claim that the agencies' policies had a unit-wide effect. It does not claim that any other agency's policy violated the Dills Act, beyond the named agencies. Accordingly, the remedy applies only to the three agencies whose policies and application of those policies were at issue in the case and were found to be unlawful. more or view all topics or full text. |
24 | 31003 | 10/27/99 |
| A290E |
Associated Administrators of Los Angeles (Watts)
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
Nowhere in PERB regulations or in EERA is there a prohibition against school district employees as opposed to non-district personnel posting a notice pursuant to a PERB order; nor is there a requirement that specific individuals post such notices; EERA provides no authority for PERB to require non-district employees to perform such a function; p. 3, dismissal letter. more or view all topics or full text. |
22 | 29159 | 09/23/98 |
| A174H |
California State University (Statewide University Police Association)
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
As respondent is Trustees of CSU, and not merely the Sacramento campus, systemwide posting best effectuates the purposes of HEERA; pp. 2-3, p. 3, proposed dec. more or view all topics or full text. |
12 | 19151 | 08/24/88 |
| 0840S |
State of California (Department of Mental Health)
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
Although a cease and desist order was held not to apply on a system- wide basis, the notice was required to be posted statewide because the unilateral change concerned contract language applicable to a statewide unit. more or view all topics or full text. |
14 | 21183 | 09/18/90 |
| 0795E |
Jamestown Elementary School District
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
Posting of notice serves to inform employees of the resolution of the controversy and announce the employer's readiness to comply with the order, and furthers the purposes of the Act by informing all concerned of activity found to be unlawful, thereby providing guidance and preventing reoccurrence; p. 7. (Writ summarily denied.) more or view all topics or full text. |
14 | 21069 | 03/20/90 |
| 0659E |
Los Angeles Unified School District
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
Although alleged interference with EERA rights by employer occurred at one school site, posting of remedial notice at all district's school sites is appropriate. Purpose of posting requirement is to inform all concerned in the District of activity found to be unlawful under the Act in order to provide guidance and prevent reoccurrence. more or view all topics or full text. |
12 | 19049 | 03/16/88 |
| 0304S |
State of California (Department of Transportation)
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
As evidence does not establish that the leaflet in question was not posted statewide, Board found that a statewide posting order is appropriate; p. 3. more or view all topics or full text. |
7 | 14134 | 04/26/83 |
| 0157E |
Belridge School District
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
Posting is ordered despite lengthy delay in processing of case. The fact that the case was delayed does not lessen the importance of the posting remedy as a means of effectuating the policies of the EERA. more or view all topics or full text. |
5 | 12015 | 12/31/80 |
| 0103E |
Santa Monica Community College District
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
Personal delivery of notice of violation required where some affected employees may no longer be working for the district; pp. 29-30. more or view all topics or full text. |
3 | 10123 | 09/21/79 |
| 0097E |
Antelope Valley Community College District
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
Because of the egregious nature of the District's interference, District ordered to individually notify employees of the Board's order; p. 28. more or view all topics or full text. |
3 | 10098 | 07/18/79 |