Section 1160.3 Of Chapter 6. Prevention Of Unfair Labor Practices And Judicial Review And Enforcement From California Labor Code >> Division 2. >> Part 3.5. >> Chapter 6.
1160.3
. The testimony taken by such member, agent, or agency, or
the board in such hearing shall be reduced to writing and filed with
the board. Thereafter, in its discretion, the board, upon notice, may
take further testimony or hear argument. If, upon the preponderance
of the testimony taken, the board shall be of the opinion that any
person named in the complaint has engaged in or is engaging in any
such unfair labor practice, the board shall state its findings of
fact and shall issue and cause to be served on such person an order
requiring such person to cease and desist from such unfair labor
practice, to take affirmative action, including reinstatement of
employees with or without backpay, and making employees whole, when
the board deems such relief appropriate, for the loss of pay
resulting from the employer's refusal to bargain, and to provide such
other relief as will effectuate the policies of this part. Where an
order directs reinstatement of an employee, backpay may be required
of the employer or labor organization, as the case may be,
responsible for the discrimination suffered by him. Such order may
further require such person to make reports from time to time showing
the extent to which it has complied with the order. If, upon the
preponderance of the testimony taken, the board shall be of the
opinion that the person named in the complaint has not engaged in or
is not engaging in any unfair labor practice, the board shall state
its findings of fact and shall issue an order dismissing the
complaint. No order of the board shall require the reinstatement of
any individual as an employee who has been suspended or discharged,
or the payment to him of any backpay, if such individual was
suspended or discharged for cause. In case the evidence is presented
before a member of the board, or before an administrative law officer
thereof, such member, or such administrative law officer, as the
case may be, shall issue and cause to be served on the parties to the
proceedings a proposed report, together with a recommended order,
which shall be filed with the board, and, if no exceptions are filed
within 20 days after service thereof upon such parties, or within
such further period as the board may authorize, such recommended
order shall become the order of the board and become effective as
therein prescribed.
Until the record in a case shall have been filed in a court, as
provided in this chapter, the board may, at any time upon reasonable
notice and in such manner as it shall deem proper, modify or set
aside, in whole or in part, any finding or order made or issued by
it.