UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES – Essential Employees

Single Topic for Decision I061M

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If hospital eschews national striker replacement companies or other available options that might wholly or partially obviate the need for an injunction, hospital undercuts its own request for injunctive relief. Cost rationale is insufficient reason to seek injunction rather than use replacements. A hospital employer seeking injunctive relief must provide PERB with its specific requests to local and national companies potentially capable of providing replacement employees, as well as those companies’ specific responses to such requests. As with other information that the parties provide during injunctive relief proceedings, an employer must provide updates as replacement availability changes, as employer is unlikely to have received a final and definitive response to its request by the time the employer first files its initial request for injunctive relief.