All notes for Subtopic 1205.07000 – Restoration of Status Quo

DecisionDescriptionPERC Vol.PERC IndexDate
2745M County of Sacramento
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
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.
09/18/20

1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
A restorative order returning “the parties and affected employees to their respective positions before the unlawful conduct occurred is critical to remedying unilateral change violations, because it prevents the employer from gaining a one sided and unfair advantage in negotiations and thereby ‘forcing employees to talk the employer back to terms previously agreed to.’” [Citation.] While restoration of the status quo ante is a hallmark of most unilateral change remedies [citations], it is not appropriate here given that the parties bargained and subsequently agreed to a new memorandum of understanding (MOU) containing substantially identical schedule and meal period provisions as the expired MOU. The Board found that, by agreeing to certain provisions in the successor MOU, the union clearly and unmistakably waived its right to bargain the change in policy concerning schedules and meal periods. Thus, once the successor MOU took effect, the employer was entitled to make the disputed changes to employees’ schedules. Though this finding did not absolve the employer of liability for its unlawful unilateral change, the Board concluded that a return to the status quo would not effectuate the purposes of the Meyers-Milias-Brown Act and accordingly adjusted that portion of the ALJ’s order. (pp. 25-26.) more or view all topics or full text.
2694M * * * JUDICIAL APPEAL PENDING * * * City of Glendale
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
As is customary in cases where there have been unlawful unilateral changes, such as the unilateral subcontracting here, the most critical remedies needed to effectuate California’s labor laws are orders requiring the City to cease and desist from its failures and refusals to bargain, and to restore the prior status quo to the extent necessary to make the exclusive representative and employees whole for any losses, upon request by the exclusive representative. City ordered to restore the status quo that existed before the premature imposition, upon request from the exclusive representative. more or view all topics or full text.
02/03/20
2615M County of Kern
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
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
2544E Bellflower Unified School District
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
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
2536M City and County of San Francisco
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
The Board may not order that a city charter provision be rescinded. The Board lacks the power to order a legislative act. As remedy for a memorandum that threatens employees with dismissal for participating in a sympathy strike, the Board ordered that the memorandum be rescinded. more or view all topics or full text.
421406/30/17
2494M City of Davis
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
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. Employer ordered to rescind a performance improvement plan that was implemented without negotiating with exclusive representative. more or view all topics or full text.
413306/30/16
2464M City of San Diego * * * Decision upheld on appeal to the California Supreme Court (8/2/2018); limited review of remedial order on remand. * * *
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
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. However, the Board may award attorneys’ fees and other litigation costs to an injured party who must pursue litigation in the courts or before another tribunal to obtain complete relief for an unfair practice. In addition to cease-and-desist order, PERB ordered the City to join in litigation and/or pay attorneys’ fees and court costs to unions as remedy for City’s unilateral change to employee pension benefits enacted through a citizens’ initiative. more or view all topics or full text.
4010812/29/15
2388M City of Palo Alto * * * SUPERCEDED by City of Palo Alto (2017) PERB Decision No. 2388a-M
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
A policy change subject to the duty to meet and confer and implemented without meeting and conferring, is a fait accompli, which, if left in place, would compel the union to “bargain back” to the status quo and make impossible the give and take that are the essence of good faith consultation. The appropriate remedy for a violation of the duty to consult is akin to the remedy for a violation of the duty to meet and confer, viz., a cease and desist order, coupled with affirmative relief consisting of an order to restore the status quo and an order to consult in good faith upon request. Where a charter city without prior good faith consultation acts unilaterally to adopt or amend its rules and regulations for the administration of employer employee relations, whether the unilateral action is direct by adoption of an ordinance or indirect by referring a charter amendment for voter approval, the unilateral action violates MMBA section 3507 and gives rise under section 3509 to the Board’s authority as described in EERA section 3541.5, “to issue a decision and order directing an offending party to cease and desist from the unfair practice and to take such affirmative action, including but not limited to the reinstatement of employees with or without back pay, as will effectuate the policies of this chapter.” We do not believe our remedial authority extends to ordering the results of an effective municipal election to be overturned. Such remedy lies with the courts. more or view all topics or full text.
392508/06/14
2380M City of Selma
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
The City prematurely declared impasse and imposed its LBFO requiring employees to contribute to CalPERS and rescinding furlough days and 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
2045M County of Sacramento
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
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
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
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
2043M County of Sacramento
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
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
1682E Desert Sands Unified School District
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
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
1682Ea Desert Sands Unified School District
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
The Board acknowledges that CSEA can only negotiate from a fair position if it is placed where it would have been but for the District’s unlawful acts. The amended order to require the District to transfer the work back to the ERTs is an appropriate element of a make whole remedy for unlawful transfer of work. more or view all topics or full text.
292011/30/04
1318S State of California (Employment Development Department)
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
In a unilateral change case, the State is ordered to reimburse agency employees for any lost compensation they would have received had the State not unlawfully modified its compensation practices for on-call employees with seven (7) percent interest per annum, plus posting; p. 13. more or view all topics or full text.
233007303/05/99
1204S State of California (Department of Corrections)
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
Restoration of the status quo ante is not an appropriate remedy when an employer is only required to bargain the effects of a change in policy. (Moreno Valley Unified School District (1982) PERB Decision No. 206.) more or view all topics or full text.
212811606/18/97
0911E Cloverdale Unified School District
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
A make whole remedy for unilaterally modifying the teachers' schedule requires the District to grant affected teachers an amount of time off which corresponds with the time the teachers was unlawfully required to work the modified schedule. The Board alternatively provided monetary compensation where agreement could not be reached on time off or the teacher was no longer employed by the District as such, no prejudice shown; p. 24. more or view all topics or full text.
152217911/20/91
0799H California State University (California Faculty Association)
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
While, in some circumstances, a failure to provide information could interfere with negotiations to the extent that restoration of the status quo would be proper, where the violations are of a minor nature that did not seriously hamper bargaining, and where impasse would have been reached anyway, restoration of the status quo is inappropriate; pp. 5-6. more or view all topics or full text.
142107203/28/90
0789E Beverly Hills Unified School District
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
Due to potential of disruption in peer counseling program, restoration of status quo ante delayed until end of school year; pp. 20-21. more or view all topics or full text.
142104201/19/90
0625E Fountain Valley Elementary School District
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
No return to status quo where subsequent contract set new status quo and where Ed. code imposes penalty on districts lowering instructional minutes below SB 813 levels. more or view all topics or full text.
111811506/23/87
0566E Modesto City and High School Districts
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
No order to restore status quo because of impact on educational process. more or view all topics or full text.
101708004/10/86
0557Ea Nevada Joint Union High School District
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
Restoration of status quo denied where it would result in net reduction in pay. more or view all topics or full text.
101707804/10/86
0557E Nevada Joint Union High School District
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
Restoration of status quo not appropriate where it would result in net reduction in pay. more or view all topics or full text.
101704012/31/85
0554E Morgan Hill Unified School District
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
Restoration of status quo delayed until end of school year, due to potential disruption. more or view all topics or full text.
101703212/27/85
0481E Eureka City School District
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
States quo ante already restored, so unnecessary to include in order. more or view all topics or full text.
91606001/15/85
0399E Corning Union High School District
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
A unilateral change is typically remedied by restoring the status quo ante, by ordering employer to bargain on the matter at issue, and by making particular employees whole for any benefits the employer unilaterally discontinued; pp. 7-8. more or view all topics or full text.
81514908/17/84
0375Ea San Mateo City School District
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
If subsequent to employer's unlawful unilateral change, parties reach agreement or negotiate through completion of the statutory impasse procedure concerning the subject matter of the unilateral change, it would not effectuate purposes of Act to restore status quo ante or to continue liability for back-pay beyond that point. more or view all topics or full text.
81511406/20/84
0373Eb Mt. Diablo Unified School District
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
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
0367E Oakland Unified School District
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
District ordered to restore status quo ante as it existed prior to unilateral increase in subcontracting activity and to return to status quo ante, employees adversely affected by change in policy that resulted in reduced hours for some employees and transfers for others; p. 40. more or view all topics or full text.
81500812/16/83
0361S State of California (Department of Transportation)
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
Return to status quo, old system of staffing, where employer had unlawfully changed staffing practices unilaterally; p. 18. more or view all topics or full text.
71429511/28/83
0360E Arcohe Union School District
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
Full restoration of status quo not ordered in subcontracting situation. more or view all topics or full text.
71429411/23/83
0357E Calexico Unified School District
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
Employer ordered to rescind freeze order and retroactively restore step and column salary increase. more or view all topics or full text.
71429111/22/83
0359H Regents of the University of California * * * VACATED by Cole Letter of October 29, 1986 * * *
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
Restoration of status quo ordered where University unilaterally reduced rehire period for lecturers to four from eight years. Imposition of status quo applies to all members of the unit impacted by the unlawful unilateral change, not just to members of nonexclusive representative. Effective date of unilateral change is date cited by employer as effective date of policy change is used to establish beneficiary date in order. Vacated by Cole letter of 10/29/86. more or view all topics or full text.
71429311/23/83
0356H Regents of the University of California (Statewide University Police Association)
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
Order roll back of parking fees is issued to date employer ordered increased parking fee to be effective. more or view all topics or full text.
71428811/14/83
0337E Kern Community College District
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
Full restoration of the status quo inappropriate where unilateral act was lay off and employer has right to make decision to lay off but failed to negotiate effects of such decision. more or view all topics or full text.
71422908/19/83
0326E Oakland Unified School District
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
Board orders modified remedy for unlawful failure to bargain effects of layoff. more or view all topics or full text.
71419507/11/83
0271E Lemoore Union High School District
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
Unlawful denial of opportunity to compete for job demands that a nondiscriminatory opportunity be provided to changing party; p. 3. more or view all topics or full text.
71402612/28/82
0239E Lodi Unified School District
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
Although restoration of the status quo is typically an appropriate remedy, in those instances where restoration can only be partial, the remedy must be crafted in such a way as to make employees whole for their loss. more or view all topics or full text.
61322109/29/82
0231H California State University, Hayward
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
Remedy for a violation of HEERA section 3571(a) should be designed to restore the status quo as far as possible. more or view all topics or full text.
61318508/10/82
0206E Moreno Valley Unified School District
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
Proposed order requiring District to restore positions and programs which it has eliminated, is inappropriate. The decision to eliminate is managerial prerogative. Only effects of such decisions, which have impact on matters within scope, are subject to remedial order; p. 13. more or view all topics or full text.
61310704/30/82
1353E East Side Union High School District
1205.7000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Restoration of Status Quo
In a unilateral reduction of hours of a vacant position, the District must rescind its actions which converted full-time bargaining unit positions into multiple part-time positions and unilaterally changing the hours of other bargaining unit positions. The positions must be restored within 30 workdays from the date the Board's decision is not subject to appeal; p. 13. more or view all topics or full text.
233017409/30/99