REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION – Unlawful Strikes
Single Topic for Decision 2094H
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1204.03000 – Unlawful Strikes
* * * OVERRULED IN PART by Stats. 2011, ch. 539 (S.B. 857), § 4, which provides that PERB may not award damages for an unlawful strike. * * *
PERB has authority to make an employer whole for expenses necessarily incurred or economic harm suffered as a direct result of unlawful strike activity. Expenses must have been necessary to maintain continuity of operations during the strike and proper to mitigate foreseeable effects of the strike. Expenses that are speculative or cannot be quantified, or that were only indirectly related to the strike, are not compensable. Expenses and losses are to be offset by any savings the employer realized as a result of the strike activity. Damages will not be awarded unless the employer first seeks to stop the strike or mitigate its losses by seeking injunctive relief through PERB. Case remanded to ALJ for hearing on whether employer sustained compensable damages.