Decision A406M – City of Pasadena

LA-CE-574-M

Decision Date: January 28, 2014

Decision Type: Administrative Appeal

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Perc Vol: 38
Perc Index: 122

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.04000 – Preemption

PERB’s computation of a back pay award to remedy an unfair practice does not interfere with a public authority’s constitutional right to determine the compensation of its employees.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.18000 – Review of Findings Not Excepted To

Parties may not use compliance proceedings to re-litigate factual issues previously decided in the same action. Litigation shall not be had in a piecemeal fashion; when a party has a particular claim or defense in a cause of action, it must assert it in those proceedings, or it will be waived.

1108.00000 – UNFAIR PRACTICE PROCEDURES; COMPLIANCE
1108.01000 – In General

The Board determined that the city had not complied with the Board’s previous order to compensate certain employees with back pay and interest after the City unilaterally implemented a new on-call schedule. A compliance decision that is the result of an investigation without a hearing is considered an administrative determination subject to a ten day appeal timeline.

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
1109.01000 – In General

Parties may not use compliance proceedings to re-litigate factual issues not excepted to, or otherwise previously decided in the same action. Litigation shall not be had in a piecemeal fashion; when a party has a particular claim or defense in a cause of action, it must assert it in those proceedings, or it will be waived.

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
1109.02000 – Statute of Limitations

Inconsistency in Board agent communications as to the date or procedure for appealing a decision may supply good cause to excuse an untimely filing.

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

Back pay is appropriate when necessary to restore the economic status quo that would have been obtained but for the respondent’s wrongful conduct. When more traditional methods of calculating back pay awards are not available, alternative methods relying on “reasonable approximations and averages” may be used.

1202.00000 – REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY
1202.01000 – In General

Uncertainty as to the appropriate remedy for an unfair practice must be resolved against the respondent whose unlawful conduct made such doubts possible. Absolute certainty is not required when calculating the back pay necessary to remedy an unfair practice.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.01000 – In General

Board-ordered remedies for unfair practices, including back pay awards, may appropriately serve both compensatory and deterrent functions, so long as they are not punitive.