(1) If, on the preponderance of the evidence taken and in the record, the Employment Relations Board is not of the opinion that the person named in the complaint has engaged in or is engaging in an unfair labor practice, the board shall state its findings of fact and shall issue an order dismissing the complaint.
(2) If, on the preponderance of evidence taken and in the record, the board is of the opinion that a person named in the complaint has engaged in or is engaging in an unfair labor practice, the board shall state its findings of fact and shall issue and cause to be served on that person an order requiring the person to cease and desist from the unfair labor practice and to take such affirmative action, including reinstatement of employees with or without back pay, as will effectuate the policies of this chapter.
(3) No order of the board shall require the reinstatement as an employee of an individual who has been suspended or discharged, or the payment to the individual of any back pay, if the individual was suspended or discharged for cause. [1971 c.729 §23]
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