UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES – In General
Single Topic for Decision 2141M
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301.01000 – In General
PERB is not limited to explicit statutory prohibitions in finding activity to be bad faith bargaining. Thus, even where the objective of a strike is lawful, the means used to carry out that objective may be unlawful. Picketing by building inspectors directed at private employers with the object of inducing private employees to refuse to work, shutting down private construction sites, was an unfair pressure tactic in violation of the MMBA. The absence of specific language in the MMBA prohibiting secondary picketing does not preclude finding picketing constituted an unlawful pressure tactic, since PERB has broad authority to identify unfair pressure tactics that undermine the collective bargaining process, even if such conduct is not specifically prohibited by the governing statute.