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

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The Board found that the record of five short-duration strikes over the course of one year did not provide reasonable cause to believe the Unions’ presumptively protected activities were unlawfully intermittent because the walkouts were: (1) called by different bargaining units, with others going out in sympathy; (2) in part precipitated or provoked by a public employer’s alleged unfair conduct; (3) preceded by a notice period of sufficient length to permit the University to prepare for continued operations during the strike; and (4) separated by variable intervals of time sufficient to dispel the notion that the Unions planned their activities in advance or embarked on a coordinated strategy of rolling economic strikes. While the presence of any of these indicia may be sufficient to rebut an intermittent strike allegation, insofar as the Unions’ strikes presented all four, there was no reasonable cause to believe their activities were unlawful. Finally, even if there was reasonable cause to believe an unfair practice occurred, the University’s contention that these strikes would cause disproportionate economic harm did not demonstrate that an injunction would be just and proper. (pp. 2-3.)