Decision 1634M – Otay Water District

LA-CE-9-M

Decision Date: May 19, 2004

Decision Type: PERB Decision

Description:  The parties had settled the underlying case by stipulation to make the charging parties whole for lost pay and benefits, less mitigation after layoff. The Board adopted the ALJ decision finding there had been compliance.

Disposition:  The Board found the employer’s liability terminated by rejection of valid offer of reinstatement and does not include increased tax liability for lump sum payment of back pay, expenses incurred in obtaining new employment or financial losses of family members.

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Perc Vol: 28
Perc Index: 156

Decision Headnotes

1108.00000 – UNFAIR PRACTICE PROCEDURES; COMPLIANCE
1108.01000 – In General

Employers liability is terminated by rejection of valid offer of reinstatement and does not include increased tax liability for lump sum payment of back pay, expenses incurred in obtaining new employment and or financial losses of family members.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.03000 – Back Pay; Interest

Employers liability is terminated by rejection of valid offer of reinstatement and does not include increased tax liability for lump sum payment of back pay, expenses incurred in obtaining new employment and or financial losses of family members.