UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES – Other

Single Topic for Decision 2418M

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Strikes by public employees are not illegal, unless statutorily prohibited, or unless there has been a clear showing that the strike poses a substantial and imminent threat to public health and safety. “[W]hile not absolute, the right to strike falls within the statutorily-protected right of public-sector employees to participate in union activities.” An employer may not unilaterally impose terms that waive or limit these rights, even after bargaining in good faith to impasse. The Board overruled Compton Unified School District (1987) PERB Order No. IR-50 to the extent that it holds there is no statutory right to strike in protest of an employer’s unfair practices.