REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS – In General
Single Topic for Decision 2612M
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1201.01000 – In General
MMBA section 3509, subdivision (b), grants PERB wide discretion to determine the appropriate remedy necessary to effectuate the purposes of the Act. The ordinary remedy in a discharge case includes both reinstatement and back pay. Employee should be offered reinstatement to position from which she was terminated; although position required a bachelor’s degree, which employee did not have at time of hire, employee subsequently received her degree prior to reinstatement order.