UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES – Essential Employees

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Determining “whether a particular employee’s job is so essential that the employee may not legally strike is a complex and fact-intensive matter.” (City of San Jose v. Operating Engineers Local Union No. 3 (2010) 49 Cal.4th 597, 601.) The starting point is “the nature of the services the alleged essential employees perform and whether the employer has clearly demonstrated that disruption of such services for the length of the strike would imminently and substantially threaten public health or safety.” (County of San Mateo (2019) PERB Order No. IR-61-M, p. 8.) (pp. 42-43.)