Decision 2380Ma – City of Selma
Decision Date: October 17, 2014
Decision Type: PERB Decision
Description: The City filed a request for reconsideration of PERB Decision No. 2380-M.
Disposition: The Board denied the request for reconsideration, on the grounds that there were no prejudicial errors of fact, and the City merely sought to re-argue the legal contention raised earlier that it did not engage in surface bargaining.
Perc Vol: 39
Perc Index: 55
1107.10000 – Request for Reconsideration
Disagreement with the Board’s legal conclusions is not a legitimate ground for reconsideration.
1201.03000 – Back Pay; Interest
Offsetting a make-whole remedy by compensation earned by employees would be to effectively garnish wages retroactively, with no opportunity for the affected employees to seek income from outside sources for the days in question. Any argument an employer wishes to make concerning offsets is more appropriately made at the compliance stage of unfair practice proceedings. A city council’s resolution that may affect the remedy of an unfair practice case should be introduced into the record at the time of the hearing, regardless of any period of time in which the resolution may be challenged, and the legal effect of the resolution should be left to argument and final determination by the administrative law judge and the Board. Subsequent negotiations do not absolve the employer of past unfair practices.