UNION UNFAIR PRACTICES; UNLAWFUL STRIKES AND WORK STOPPAGES – In General

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Legal issues concerning a post-impasse strike were presented to the Board in Compton Unified School District (1987) PERB Order No. IR-50. In Compton the Board found that to establish a prima facie case, the District must show the strike caused "a total breakdown of two discrete activities that are guaranteed by statutue and case law: (1) basic education for students and (2) negotiations free from coercive tactics that hold hostage that education." The District failed to satisfy these standards; pp. 2-3, dismissal letter. Although only 100 teachers showed up to work on the strike day, the District was able to recruit a large number of substitutes and did not demonstrate a total breakdown in the educational process. Further, no evidence was presented showing that the two-day strike had an impact on student attendance beyond the week of the strike; p. 3, dismissal letter. on student attendance beyond the week of the strike; p. 3, dismissal letter. negotiations during the strike period. Thus, there was no evidence demonstrating a breakdown in the negotiation process; pp. 3-4, dismissal letter.