UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES – Notice of Intent to Strike

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Regents of the University of California (2019) PERB Order No. IR-62-H held that while California’s labor laws do not require strike notice (id. at p. 9), such notice can be relevant to claims of unlawful intermittent striking (ibid.). Moreover, unusually short notice may mean more employees are essential to public safety if the employer loses the opportunity to contract for replacements or take other precatory actions. Finally, in one case the Board held that a surprise teachers’ strike could leave students unsupervised, and the Board therefore directed OGC to seek an injunction requiring the union to provide 60 hours’ strike notice. (San Ramon Valley Unified School District (1984) PERB Order No. IR-46, pp. 15-16.) (p. 20, fn. 9.)