CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Remand for Further Hearing; Remand to General Counsel

Single Topic for Decision 2094H

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* * * OVERRULED IN PART by Stats. 2011, ch. 539 (S.B. 857), § 4, which provides that PERB may not award damages for an unlawful strike and OVERRULED IN PART ON OTHER GROUNDS by Fresno County In-Home Supportive Services Public Authority (2015) PERB Decision No. 2418-M, as recognized in Oakland Unified School District (2024) PERB Decision No. 2906. * * *

ALJ granted employee organization’s motion in limine to exclude evidence of employer’s damages resulting from strike activity. Having found that the employee organization’s strike threat and preparations were an unfair practice, the Board remanded the matter to the ALJ for hearing on the issue of damages.