UNION UNFAIR PRACTICES; UNLAWFUL STRIKES AND WORK STOPPAGES – In General
Single Topic for Decision 2094H
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802.01000 – In General
* * * OVERRULED IN PART ON OTHER GROUNDS by Stats. 2011, ch. 539 (S.B. 857), § 4. * * *
HEERA does not prohibit strikes; the lawfulness of a strike is to be determined on a case-by-case basis. A strike prior to the completion of statutory impasse procedures is presumed unlawful. The employee organization may rebut the presumption by proving the strike was provoked by the employer’s unfair practices. Employee organization did not prove employer committed any unfair practices and therefore failed to rebut presumption. A threat to strike and strike preparations are an unfair practice if they: (1) were made in furtherance of an unlawful strike, and (2) were sufficiently substantial to support a reasonable belief by the employer that the strike would occur as noticed. Employee organization gave clear written notice of one-day strike to occur before completion of statutory impasse procedures and engaged in substantial preparations for strike. Under totality of circumstances test, employee organization’s conduct was an unfair practice.