Decision 2380Ma – City of Selma

SA-CE-747-M

Decision Date: October 17, 2014

Decision Type: PERB Decision

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Perc Vol: 39
Perc Index: 55

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.10000 – Request for Reconsideration

Disagreement with the Board’s legal conclusions is not a legitimate ground for reconsideration.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
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.