REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION – Unlawful Strikes

Single Topic for Decision I062H

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The statutory limitation on the Board’s remedial authority to award damages should it later conclude that the Unions’ strikes were unlawful in no way renders meaningless the Board’s procedures or power in general. For instance, if the University’s charges merit complaints and its evidence ultimately supports an unfair practice finding, the Board would, at a minimum, order each offending party to cease and desist its unlawful conduct. In reminding the Board that it lacks the power to issue strike damages, Government Code section 3563.3 does not undermine the efficacy of such customary remedies or otherwise alter the equitable balance it must strike in these cases. Likewise, the Legislature’s limitation of the Board’s authority does not create a new expansive mandate to seek injunctions against striking employees and their organizations. (pp. 11-12.)