All notes for Subtopic 1206.01000 – In General
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2865E | Mt. San Jacinto Community College District 1206.01000: REMEDIES FOR UNFAIR PRACTICES; MODIFICATION OF PRIOR REMEDY; In General The Legislature has vested PERB with broad authority to decide what remedies are necessary to effectuate the purposes and policies of EERA and the other acts we enforce. (EERA, § 3541.5, 1st par. & subd. (c); Mt. San Antonio Community College Dist. v. Public Employment Relations Bd. (1989) 210 Cal.App.3d 178, 189.) PERB remedies must serve the dual purposes of compensating for harms that an unfair practice causes and deterring further violations. (County of San Joaquin v. Public Employment Relations Bd. (2022) 82 Cal.App.5th 1053, 1068; The Accelerated Schools (2023) PERB Decision No. 2855, p. 16 (Accelerated Schools); Bellflower Unified School District (2022) PERB Decision No. 2544a, p. 26.) Our de novo review on exceptions to a proposed decision includes review of the proposed remedy. (Accelerated Schools, supra, PERB Decision No. 2855, pp. 16-31).) Here, in reviewing the remedy de novo, the Board modified the Order to correct an error and supplemented the remedy to include a verbal reading of the notice posting by a District representative to those District employees in the bargaining unit. (pp. 39-43.) more or view all topics or full text. | 48 | 15 | 06/28/23 |
| 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. | 45 | 87 | 03/23/21 |
| 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. | 43 | 108 | 12/18/18 |
| 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. | 43 | 108 | 12/18/18 |
| 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. | 43 | 108 | 12/18/18 |
| 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. | 40 | 75 | 10/23/15 |
| 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. | 40 | 26 | 06/25/15 |
| 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. | 5 | 12121 | 09/22/81 |
| 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. | 13 | 20137 | 06/19/89 |
| 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. | 12 | 19123 | 06/30/88 |
| 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. | 10 | 17112 | 06/04/86 |
| 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. | 8 | 15095 | 05/24/84 |
| 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. | 6 | 13234 | 09/30/82 |