REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION – Unlawful Strikes

Single Topic for Decision I060C

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If a union exempts from a planned strike certain employees or positions that PERB has preliminarily found to be essential, such an exemption will normally mean that (1) there is no “reasonable cause” to believe that the union is threatening an unfair practice as to those positions, and (2) injunctive relief is not “just and proper” as to those positions. Nonetheless, both of these criteria may be satisfied—notwithstanding the union’s commitment to exempt certain positions from its strike—if the employer demonstrates that the union has violated or threatened to violate its commitment, or has offered an exemption that is insufficiently broad to protect public health and safety.