Decision 1204S – State of California (Department of Corrections)

SA-CE-926-S

Decision Date: June 18, 1997

Decision Type: PERB Decision

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Perc Vol: 21
Perc Index: 28116

Decision Headnotes

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.02000 – Post Arbitration; Repugnancy

PERB will not find an arbitrator's award to be repugnant simply because the Board would have provided a different remedy. To show that an arbitrator's award is repugnant to the purposes of the Dills Act, the proponent must show that the award fails to protect the fundamentals of good faith negotiations. (Dry Creek Joint Elementary School District (1980) PERB Order No. Ad-81a.) 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.)

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.07000 – 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.)