UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES – Intermittent

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The Board relied on facts developed in the General Counsel’s investigation of the University’s injunction request and supporting unfair practice charges to assess the existence of reasonable cause. In doing so, the Board found no pattern of conduct that it believed constituted an unlawful pressure tactic. First, the first three strikes were called by different bargaining units, with the remainder choosing to give notice of their intent to respect the primary picket line and strike in sympathy. Second, the two most recent of these strikes were preceded by the filing of various unfair practice charges. There is no question that a strike provoked by an employer’s unfair labor practices is protected at any time it occurs during the negotiating process. Indeed work stoppages that respond to distinct employer actions or issues, even if close in time, are simply not pursuant to a plan to strike intermittently for a single goal, and are therefore protected. Third, the Unions gave ample notice of their intent to strike, thus enabling the University to prepare continuity plans well in advance of each walkout. Finally, a significant period of time elapsed between each strike, indicating again that the Unions did not intend to pick and choose when to work without any regard for the safe and efficient operation of the workplace. (pp. 7-9.)