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

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An employer asking for extraordinary injunctive relief is required to provide PERB with detailed information, documenting the available non-striking supervisors and managers and to what extent they are able to cover for striking workers, as well as contacting outside companies and agencies and documenting their responses. This level of detail allows an employer to demonstrate clearly the extent of remaining need after accounting for all coverage options. In strikes of short duration, PERB will also consider holiday and weekend staffing levels and the extent to which the employer can lessen a strike’s impacts by authorizing weekday and weekend overtime work before and after the strike, or offering evening or weekend services before and/or after a scheduled strike.