UNION UNFAIR PRACTICES; DEFENSES – Unfair Practice Strike

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* * * OVERRULED IN PART ON OTHER GROUNDS by Stats. 2011, ch. 539 (S.B. 857), § 4, and OVERRULED IN PART 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, to the extent that decision relied on Compton Unified School District (1987) PERB Order No. IR-50 and thereby failed to properly account for the statutory right to strike. * * *

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.