UNION UNFAIR PRACTICES; DEFENSES – Unfair Practice Strike

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The Board overruled four decisions from the 1980s suggesting that a pre-impasse strike must be a “last resort,” finding that a “last resort” requirement is inconsistent with the modern Board’s observation that there “is no question that a strike provoked by an employer’s unfair labor practices is protected at any time it occurs during the negotiating process.” (Regents of the University of California (2019) PERB Order No. IR-62-H, p. 8; Fresno County In-Home Supportive Services Public Authority (2015) PERB Decision No. 2418-M, p. 28.) The four overruled cases are: Fremont Unified School District (1980) PERB Decision No. 136; Rio Hondo Community College District (1983) PERB Decision No. 292, p. 23; Sacramento City Unified School District (1987) PERB Order No. IR-49; Santa Maria Joint Union High School District (1989) PERB Order No. IR-53. (pp. 25-29.)