Decision 2591Ma – County of Riverside

LA-CE-787-M

Decision Date: December 18, 2018

Decision Type: PERB Decision

Description:  Request for reconsideration of date from which employee entitled to back pay ordered as a remedy in PERB Decision No. 2591-M.  In PERB Decision No. 2591-M, the Board reversed the ALJ’s proposed decision, and held the County of Riverside committed unfair practices under MMBA section 3505, subd. (b) by terminating an employee for her protected activity.  As a remedy, the Board issued a cease and desist order and notice posting, and ordered that the employee be offered reinstatement and made whole from the date of her discharge to the date she is reinstated or declines offer of reinstatement. Union requested that back pay should commence from date the County placed her on administrative leave, six months prior to her discharge.

Disposition: Board modified its remedial order in PERB Decision No. 2591-M; employee is to be made whole from date County placed her on administrative leave, rather than from the date she was discharged.

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Perc Vol: 43
Perc Index: 108

Decision Headnotes

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

Error in remedial order is a proper subject of reconsideration under newly discovered evidence standard, because erroneous remedial order did not exist and could not have been discovered until the Board issued its decision. (Desert Sands Unified School District (2004) PERB Decision No. 1682a, pp. 4-5; Regents of the University of California (Davis) (2011) PERB Decision No. 2101a-H, p. 5.)

1206.00000 – REMEDIES FOR UNFAIR PRACTICES; MODIFICATION OF PRIOR REMEDY
1206.01000 – In General

Error in remedial order is a proper subject of reconsideration under newly discovered evidence standard, because erroneous remedial order did not exist and could not have been discovered until the Board issued its decision. (Desert Sands Unified School District (2004) PERB Decision No. 1682a, pp. 4-5; Regents of the University of California (Davis) (2011) PERB Decision No. 2101a-H, p. 5.)

1206.00000 – REMEDIES FOR UNFAIR PRACTICES; MODIFICATION OF PRIOR REMEDY
1206.01000 – In General

On request for reconsideration, Board modified date discriminatee entitled to be made-whole; remedial order amended to provide back pay entitlement calculated from date employee placed on paid administrative leave rather than on date of termination, where union asserted that it could demonstrate during compliance proceedings that employee lost overtime opportunities and other remuneration as a result of being placed on administrative leave.

1206.00000 – REMEDIES FOR UNFAIR PRACTICES; MODIFICATION OF PRIOR REMEDY
1206.01000 – In General

Reconsideration of remedial order appropriate where initial decision mistakenly failed to take into account the earliest date of adverse action.