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

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To meet the second prong of the Modesto test, PERB must demonstrate to the court that injunctive relief is just and proper. Although interim injunctive relief is an extraordinary remedy, it may be used whenever an employer or union has committed unfair labor practices which, under the circumstances, render any final order of the Board meaningless or so devoid of force that the remedial purposes of EERA will be frustrated. The just and proper standard is met where there exists a probability that the purposes of EERA will be frustrated unless temporary relief is granted or the circumstances of a case create a reasonable apprehension that the efficacy of the Board’s final order may be nullified, or the administrative procedures will be rendered meaningless. (p. 35.)