All notes for Subtopic 1205.10000 – Other Affirmative Relief

DecisionDescriptionPERC Vol.PERC IndexDate
2694M * * * JUDICIAL APPEAL PENDING * * * City of Glendale
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
Having found a unilateral subcontracting violation, PERB ordered City not only to cease and desist from future subcontracting of bargaining unit work without notice and an opportunity to meet and confer, but also to rescind or modify any unilaterally adopted contracts that cover work of a type traditionally done by bargaining unit employees. more or view all topics or full text.
02/03/20
2664M City of Palo Alto
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
Reimbursement of costs as make-whole remedy: PERB analyzes request for reimbursement of costs incurred as a result of a respondent’s underlying conduct under traditional make-whole principles. (See Omnitrans (2009) PERB Decision No. 2030-M, p. 30 (Omnitrans) [awarding attorney fees in ancillary case made necessary because of respondent’s violation]; Camelot Terrace, Inc. v. NLRB (D.C. Cir. 2016) 824 F.3d 1085, 1092-1093 (Camelot Terrace, Inc.) [upholding NLRB’s order that employer reimburse union for bargaining costs as a remedy for having engaged in bad faith bargaining, and reasoning that “[a]n award of bargaining expenses remedies an unfair labor practice by ensuring that, upon resolution of the [charge], the injured party can return to negotiations on the same footing it occupied before the violation.”].) While a make-whole remedial order under Omnitrans and Camelot Terrace, Inc. may include, among other items, staff costs or attorney’s fees reasonably incurred as a result of a respondent’s unlawful conduct, any attorney’s fees awarded pursuant to such make-whole principles normally may not include attorney’s fees expended simply to litigate the unfair practice charge at issue—under the American Rule, such an attorney fee award is appropriate only as a litigation sanction, if the charging party demonstrates that the claim, defense, motion, or other action or tactic was “without arguable merit” and pursued in “bad faith.” more or view all topics or full text.
08/21/19
A467E Berkeley Unified School District
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
Employer may be required to restore e-mail access privileges as part of a make-whole award. more or view all topics or full text.
433908/06/18

1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
Employer may be required to restore e-mail access privileges as part of a make-whole award. more or view all topics or full text.
2664M City of Palo Alto
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
Where employer withdrew a contact proposal as part of an overall course of bad faith conduct, the Board clarified that the remedial order requiring the employer to bargain in good faith required the employer to reinstate the withdrawn offer. (Mead Corp. v. NLRB (11th Cir. 1983) 697 F.2d 1013, 1022-1023, enforcing The Mead Corp. (1981) 256 NLRB 686.) Such a Mead Corp. order was necessary to restore the situation as nearly as possible to that which would have existed but for the employer’s bad faith conduct and was integral to requiring the employer to cease and desist from its unlawful conduct. Employer therefore directed to put back on the table the proposal it withdrew in bad faith, upon the Union’s request. more or view all topics or full text.
08/21/19
2545E Alliance College-Ready Public Schools, et al.
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
Ordering a respondent to provide a list of its employees to the charging party is an extraordinary remedy, typically reserved for egregious violations. more or view all topics or full text.
427612/28/17
2492M County of Butte
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
Where employer unlawfully withdrew recognition from exclusive representative, thereby denying employees representation by any employee organization, it was the employer’s responsibility to make the union whole for unremitted dues and fees, especially since employees were denied representation as a result of the employer’s wrongful act. The appropriate remedy for an employer’s unlawful failure to remit dues is to order that it, not employees, make the employee organization whole. Ordering the employer to make union whole for the employer’s wrongful failure to remit dues to which union was entitled is not requiring the employer to “contribute financial support” to union in violation of the MMBA because the employer is not giving the union anything of value to which the union was not already entitled under the MMBA. more or view all topics or full text.
413106/30/16
2311Ma City of Escondido * * * VACATED By City of Escondido v. PERB (Cal.Ct.App., Mar. 8, 2017, No. D070462) 2017 WL 91509
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
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
2474E Claremont Faculty Association (Lukkarila)
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
Subsequent to the repeal of PERB Regulation 32125, a charging party alleging a violation of EERA section 3546.5 is now entitled to a remedy besides receipt of the applicable financial report, viz., a posting by the respondent. more or view all topics or full text.
4014602/29/16
2094H Regents of the University of California * * * OVERRULED IN PART by amendment to HEERA section 3563.3, Stats. 2011, Ch. 539
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
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.
344102/02/10
2030M Omnitrans
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
The employer’s enforcement of its unlawful union access policy directly resulted in the arrest of a union officer for criminal trespass. The Board ordered the employer to join the officer in petitioning the appropriate court to expunge the officer’s record resulting from the arrest. The Board also ordered the employer to pay reasonable attorneys’ fees and costs incurred by the officer in petitioning the court for expungement of his record. more or view all topics or full text.
339105/29/09
2027M City of Riverside
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
To remedy an employer’s unlawful unilateral change of promotion criteria, the Board ordered the employer to reinstate the prior criteria and pay employees wages and benefits they would have received had they been promoted according to those criteria, from the date the employee would have been promoted to the date of the employee’s actual promotion. The Board did not order the unlawful promotions rescinded because invalidating the promotions of innocent employees would not serve the remedial purpose of the MMBA. more or view all topics or full text.
339705/19/09
1547E Ventura County Community College District
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
An award of agency fees is inappropriate in transfer of work case except to the extent backpay is negotiated. more or view all topics or full text.
2713309/24/03
1524M County of San Joaquin (Health Care Services)
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
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. Board has broad powers to issue compensatory or “make whole” remedies in unfair practice proceedings. Where Board found that disciplinary charges would not have been brought against employee but for employee’s protected activities, Board ordered County to reimburse attorney’s fees incurred by employee defending himself against charges. more or view all topics or full text.
277405/14/03
1515E Los Rios College Federation of Teachers, Local 2279 (Deglow)
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
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
1445E San Diego Community College District
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
Requested remedy that continuing education counselors be placed on salary schedule applicable to counselors currently represented by unit in which the Board's order places continuing education counselors denied as the matter is properly addressed through collective bargaining. more or view all topics or full text.
253208506/15/01
1392S State of California (Department of Corrections)
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
Board found that this case was not about "staffing patterns" but rather about the transfer of work. Board recognized that there may be managerial decisions concerning staffing patterns that would not be negotiable, even though their effects might be negotiable. Although the staffing pattern proposed by the Administrative Law Judge would presumably remedy the transfer of work, it could not be said that it was the only remedy available. There might be other elections which the Department could make that would keep food preparation assignment and training work from being transferred out of the supervising cooks' unit. Such decisions are not appropriately mandated by the Board. more or view all topics or full text.
243111306/26/00
1390S State of California (Department of Corrections)
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
Board found that this case was not about "staffing patterns" but rather about the transfer of work. Board recognized that there may be managerial decisions concerning staffing patterns that would not be negotiable, even though their effects might be negotiable. Although the staffing pattern proposed by the Administrative Law Judge would presumably remedy the transfer of work, it could not be said that it was the only remedy available. There might be other elections which the Department could make that would keep food preparation assignment and training work from being transferred out of the supervising cooks' unit. Such decisions are not appropriately mandated by the Board. more or view all topics or full text.
243111106/26/00
1391S State of California (Department of Corrections)
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
Board found that this case was not about "staffing patterns" but rather about the transfer of work. Board recognized that there may be managerial decisions concerning staffing patterns that would not be negotiable, even though their effects might be negotiable. Although the staffing pattern proposed by the Administrative Law Judge would presumably remedy the transfer of work, it could not be said that it was the only remedy available. There might be other elections which the Department could make that would keep food preparation assignment and training work from being transferred out of the supervising cooks' unit. Such decisions are not appropriately mandated by the Board. more or view all topics or full text.
243111206/26/00
1104S State of California (Department of Corrections) (California Correctional Peace Officers Association)
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
Based on the facts of this case, Board finds remedy overly broad in employer interference with union's right to represent case and eliminates the prerequisite that witnesses be informed that interviews are voluntary and free of reprisal. Remedy limited to cease and desist; pp. 4-5. more or view all topics or full text.
192609705/18/95
0834E Chula Vista City School District
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
District ordered to inform association about information available and provide information requested and bargain in good faith over costs if necessary. District ordered to accept and process grievances from Association and recognize association's right to seek unit modifications. more or view all topics or full text.
142116208/16/90
0543E San Mateo Community College District
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
For dues not deducted, employer liable to union only as to deduction authorized by employees no longer in employ of district. more or view all topics or full text.
101701512/13/85
0518E Modesto City Schools and High School District
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
District ordered to provide information it refused to provide during grievance process and to refrain from imposing procedural objections to processing of grievance. more or view all topics or full text.
91619808/26/85
0518Ea Modesto City Schools and High School District
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
On reconsideration, remedy modified to set time limit for processing grievance and to clarify arbitration procedures. more or view all topics or full text.
101712006/20/86
0328S State of California (Department of Parks and Recreation) * * * OVERRULED IN PART by County of Santa Clara (2017) PERB Decision No. 2539-M
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
Employee discriminated against in selection for promotion, not given position, but rather ordered at top of list for next available position. Not shown incumbent was inferior to charging party in ratings or is other than innocent party. more or view all topics or full text.
71421107/29/83
0326E Oakland Unified School District
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
Board orders modified remedy for unlawful failure to bargain effects of lay off. more or view all topics or full text.
71419507/11/83
0097E Antelope Valley Community College District
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
Because of District's involvement with employee organization, it is barred from voluntarily recognizing any employee organization without first notifying PERB; pp. 27-28. more or view all topics or full text.
31009807/18/79
0038E Azusa Unified School District
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
Employer required to charge employee organization the fair rental value of office space which it leases from employer. more or view all topics or full text.
158711/23/77
0071E Rio Linda Union School District
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
Where voluntary recognition improperly granted when there was a QCR and where unit appears to be inappropriate, case remanded for unit determination hearing and any contract presently in effect to remain in effect until a final determination that unit is appropriate or until contract expires whichever is sooner; p. 12. more or view all topics or full text.
2219809/18/78