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

Single Topic for Decision I061M

View all topics for Decision I061M

Full Decision Text (click on the link to view): Full Text

PERB will exclude from its injunctive relief request to the court any positions that PERB has preliminarily found to be essential if the union agrees to exempt those positions from a planned strike. In some cases, the public may be sufficiently protected if the essential employees are on call, i.e., ready to cross the picket line if needed in the event of an emergency. (San Mateo Superior Court (2019) PERB Order No. IR-60-C, p 5, fn. 3.) A striking union need not use any particular format in notifying PERB, the employer, and the affected employees if the union decides to narrow the scope of its planned strike. (Id. at p. 7.) 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. (Id., p. 5.)