REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF – Standards for Obtaining Injunctive Relief

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PERB cannot seek an injunction unless it finds (1) “reasonable cause” to believe an unfair practice has been or will be committed; and (2) that injunctive relief is “just and proper.” (Public Employment Relations Bd. v. Modesto City Schools Dist. (1982) 136 Cal.App.3d 881, 895-896 (Modesto); City of Fremont (2013) PERB Order No. IR-57-M, p. 17.) Courts considering PERB’s injunctive relief requests have recognized that PERB’s preliminary determinations are generally afforded deference because PERB is California’s expert public sector labor relations agency, is experienced in assessing complex labor disputes and their impact on the public, and has a dedicated staff of attorneys to study the parties’ submissions in light of previous experience, precedent, and competing interests. (pp. 2-3)