All notes for Subtopic 1206.01000 – In General

DecisionDescriptionPERC Vol.PERC IndexDate
2758M County of Ventura
1206.01000: REMEDIES FOR UNFAIR PRACTICES; MODIFICATION OF PRIOR REMEDY; In General
The Board modified the ALJ’s proposed make-whole remedy that directed the County to “compensate Association unit members for any financial losses incurred as a direct result [of] its decision to implement its constructive receipt income tax withholdings decision before completing negotiations over the negotiable effects of that decision.” Because the Board had no reason to determine whether the County was right or wrong in its interpretation of the constructive receipt doctrine, and because unit members were able to obtain at least partial refunds of excess withholdings through a tax expert’s efforts, the Board did not order the County to make employees whole for their additional tax liability or for harms caused when employees sought to reduce their taxes by redeeming accrued leave. Instead, the Board found that reimbursement of ancillary fees incurred was sufficient to make unit members whole. (pp. 53-55.) more or view all topics or full text.
458703/23/21
2591Ma County of Riverside
1206.01000: REMEDIES FOR UNFAIR PRACTICES; MODIFICATION OF PRIOR REMEDY; In General
Error in remedial order is a proper subject of reconsideration under newly discovered evidence standard, because erroneous remedial order did not exist and could not have been discovered until the Board issued its decision. (Desert Sands Unified School District (2004) PERB Decision No. 1682a, pp. 4-5; Regents of the University of California (Davis) (2011) PERB Decision No. 2101a-H, p. 5.) more or view all topics or full text.
4310812/18/18
2591Ma County of Riverside
1206.01000: REMEDIES FOR UNFAIR PRACTICES; MODIFICATION OF PRIOR REMEDY; In General
On request for reconsideration, Board modified date discriminatee entitled to be made-whole; remedial order amended to provide back pay entitlement calculated from date employee placed on paid administrative leave rather than on date of termination, where union asserted that it could demonstrate during compliance proceedings that employee lost overtime opportunities and other remuneration as a result of being placed on administrative leave. more or view all topics or full text.
4310812/18/18
2591Ma County of Riverside
1206.01000: REMEDIES FOR UNFAIR PRACTICES; MODIFICATION OF PRIOR REMEDY; In General
Reconsideration of remedial order appropriate where initial decision mistakenly failed to take into account the earliest date of adverse action. more or view all topics or full text.
4310812/18/18
2458E Jurupa Unified School District
1206.01000: REMEDIES FOR UNFAIR PRACTICES; MODIFICATION OF PRIOR REMEDY; In General
Regardless of the specificity of the remedy, the text of the proposed decision and order sufficiently identifies the District’s unlawful actions, which the District may not repeat in the future. more or view all topics or full text.
407510/23/15
2438E Los Angeles Unified School District
1206.01000: REMEDIES FOR UNFAIR PRACTICES; MODIFICATION OF PRIOR REMEDY; In General
When a union has offered to enter into a confidentiality agreement wherein the union will agree to limit the use and dissemination of requested information for representation and bargaining purposes only,” and the District rejects such offer, the offer is sufficient to address the District’s concerns that the information will be disseminated, and it is appropriate for the Board to include in the order a requirement of a confidentiality agreement in accordance with the terms proposed by the union applicable to the union and its agents and employees. more or view all topics or full text.
402606/25/15
A115E Alum Rock Union School District/Mt. Diablo Unified School District
1206.01000: REMEDIES FOR UNFAIR PRACTICES; MODIFICATION OF PRIOR REMEDY; In General
On appeal, the Board itself can clarify a remedy awarded by the hearing officer. Defects in a remedy also may be rectified in a subsequent compliance hearing. more or view all topics or full text.
51212109/22/81
0720Ea Compton Community College District
1206.01000: REMEDIES FOR UNFAIR PRACTICES; MODIFICATION OF PRIOR REMEDY; In General
Board modified date used to compute district's liability, and cut off liability when the parties exhausted impasse procedures in negotiations for a successor agreement. more or view all topics or full text.
132013706/19/89
0691E Mt. San Antonio Community College District
1206.01000: REMEDIES FOR UNFAIR PRACTICES; MODIFICATION OF PRIOR REMEDY; In General
ALJ's remedy in proposed decision modified to limit back-pay liability to duration of parties' first CBA. more or view all topics or full text.
121912306/30/88
0283Ha Regents of the University of California (Physicians National Housestaff Association)
1206.01000: REMEDIES FOR UNFAIR PRACTICES; MODIFICATION OF PRIOR REMEDY; In General
On remand from California Supreme Court, Board revised order substituting three local organizations for defunct Physicians National Housestaff Association and clarified order for period of lost dues deduction; p. 3. more or view all topics or full text.
101711206/04/86
0275Eb Oakland Unified School District
1206.01000: REMEDIES FOR UNFAIR PRACTICES; MODIFICATION OF PRIOR REMEDY; In General
Board modified Order where Board decision omitted District's refusal to negotiate in good faith regarding in-service training; p. 5. more or view all topics or full text.
81509505/24/84
0249E Palm Springs Unified School District
1206.01000: REMEDIES FOR UNFAIR PRACTICES; MODIFICATION OF PRIOR REMEDY; In General
Conduct which constitutes a unilateral change in violation of EERA section 3543.5(c) is concurrently a violation of section 3543.5(a) because it is in derogation of the duty to negotiate with the exclusive representative, and necessarily interferes with the employees in the exercise of protected rights; p. 3. Order modified to delete reference to other provisions of 3543.5(a) for which no violation was found. more or view all topics or full text.
61323409/30/82