UNION UNFAIR PRACTICES; DEFENSES – Unfair Practice Strike

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A union seeking to rebut the presumption against pre-impasse strikes faces two main obstacles. First, if the employer successfully defends against the unfair practice charges against it, then the presumption stands. (Sweetwater Union High School District (2014) PERB Order No. IR-58, p. 9.) Second, to establish that a proven unfair practice “provoked” a strike, the union must show that the employer’s conduct was one material or substantial cause of the strike. (Regents of the University of California (2019) PERB Order No. IR-62-H, p. 3 [inquiry is whether strike was “in part precipitated or provoked by a public employer’s alleged unfair conduct”]; San Ramon Valley Unified School District (1984) PERB Order No. IR-46, pp. 10-11 [strike activity must be motivated “at least in part” by unfair practices]. (p. 24.)