Decision 2336M – County of Riverside
LA-CE-261-M
Decision Date: October 18, 2013
Decision Type: PERB Decision
Description: This is a compliance proceeding arising out of a Board decision, County of Riverside (2009) PERB Decision No. 2090-M, in which the Board concluded that the County of Riverside violated the MMBA by retaliating against the charging party for engaging in protected activities, and the Board ordered reinstatement and back pay to remedy the unfair practice.
Disposition: *JUDICIAL APPEAL PENDING. The Board affirmed the proposed decision of the administrative law judge concluding that the County of Riverside had not complied with the Board’s order in the prior case. The Board modified the proposed remedial order to require that the County pay charging party his salary and restore his benefits from the date the proposed decision in the prior case would have become final.
Perc Vol: 38
Perc Index: 62
Decision Headnotes
1108.01000 – In General
Layoff of employees in charging party's classification, which occurred subsequent to unlawful retaliatory dismissal of charging party but prior to Board's reinstatement and back pay order, does not excuse respondent's failure to comply with order of reinstatement; the reinstatement and back pay order became effective as of the date the proposed decision in the unfair practice proceeding would have become final if the respondent had not filed a statement of exceptions, not as of the date of the Board's decision affirming the administrative law judge's order.
1201.02000 – Reinstatement
Layoff of employees in charging party's classification, which occurred subsequent to unlawful retaliatory dismissal of charging party but prior to Board's reinstatement and back pay order, does not excuse respondent's failure to comply with order of reinstatement; the reinstatement and back pay order became effective as of the date the proposed decision in the unfair practice proceeding would have become final if the respondent had not filed a statement of exceptions, not as of the date of the Board's decision affirming the administrative law judge's order.