UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES – Pre-Impasse
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301.02000 – Pre-Impasse
Strike that occurs prior to the exhaustion of impasse procedures creates a rebuttable presumption that the employee organization is either refusing to negotiate in good faith and/or refusing to participate in impasse procedures; p. 3. Even in the presence of an employer's alleged unfair practice, the employee organization must show a causal connection between the employer's action and the strike. As pre-impasse strike does not appear to have been provoked by the district and was not undertaken as a last resort, Board orders General Counsel to seek an injunction to halt the strike; p. 7.