All notes for Subtopic 1207.01000 – In General
|Decision||Description||PERC Vol.||PERC Index||Date|
County of San Mateo|
1207.1000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; In GeneralPERB denied County’s requests to enjoin strikes, finding no reasonable cause to believe that rebuttable presumption against pre-impasse strikes applied to the noticed strikes. Because Board found no reasonable cause to believe that a rebuttable presumption against pre-impasse strikes applied to noticed strikes, Board did not consider whether union could rebut such a presumption, nor did Board consider whether an injunction prohibiting union from proceeding with its strikes might be just and proper. more or view all topics or full text.
San Mateo County Superior Court (Service Employees International Union Local 521)|
1207.1000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; In GeneralBecause the right to strike “goes to the essence of labor law,” Fresno Unified School Dist. v. National Education Assn. (1981) 125 Cal.App.3d 259, 268, if a PERB-covered employer believes a strike should be enjoined, it usually must ask PERB to seek an injunction on its behalf. (City of San Jose v. Operating Engineers Local Union No. 3 (2010) 49 Cal.4th 597, 611 (City of San Jose) [city could not establish exception to rule requiring it to seek injunctive relief through PERB, because union gave city 72 hours’ notice of upcoming strike, which was sufficient time for PERB to determine whether to seek injunctive relief and to obtain such relief if warranted]; see San Diego Teachers Assn. v. Superior Court (1979) 24 Cal.3d 1, 13 [recognizing that PERB has “discretion to withhold as well as pursue” a strike injunction]; accord, Ahearn ex rel. NLRB v. International Longshore and Warehouse Union, Locals 21 and 4 (9th Cir. 2013) 721 F.3d 1122, 1130 [private sector employer seeking to enjoin union activity must pursue injunction through the National Labor Relations Board (NLRB)].) more or view all topics or full text.
Sacramento County Superior Court (United Public Employees Local 1)|
1207.1000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; In GeneralUnless statutorily prohibited from striking, the California Supreme Court’s County Sanitation standard requires that it be “clearly demonstrated,” on a case-by-case basis, that public employees’ participation in a strike would create an imminent and substantial threat to public health and safety. The availability of replacement workers goes into the determination of whether an employee or a class of employees is “essential” to public health and safety and may be enjoined from striking. The Board denied a trial court employer’s request to seek an injunction against a planned two-day strike by court employees because the court’s declarations did not clearly demonstrate that, without employees in the seven positions at issue, the Court's essential functions could not or would not be performed. The Court did not demonstrate that it could not use managers or supervisors to perform the functions of court clerks and its moving papers did not disclose how many supervisors or managers were qualified and available to perform the work of those employees the Court identified as “essential.” It also failed to identify the specific level and nature of services that must be maintained to preserve public health and safety. more or view all topics or full text.
City of Fremont|
1207.1000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; In GeneralPERB’s authority to seek injunctive relief under the MMBA is stated in section 3509(a), which incorporates the Board’s authority under section 3541.3(j) of the Educational Employment Relations Act (EERA) to seek temporary relief or a restraining order. Injunctive relief is appropriate where: (1) there is reasonable cause to believe that an unfair practice has been committed, and (2) the injunctive relief sought is just and proper. Absent temporary relief to restore and maintain the status quo ante, PERB’s task of adjudicating and remedying alleged unfair practices is in severe jeopardy. more or view all topics or full text.
County of San Joaquin (Health Care Services)|
1207.1000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; In GeneralInjunctive relief granted where Board found reasonable cause to believe that employer suspended employee because he was union’s primary organizer. Injunctive relief was just and proper because suspension occurred during an election and the impact on the election could not be remedied by the Board at a later time. more or view all topics or full text.
1207.1000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; In GeneralEquity (declaratory and/or injunctive relief) will not intervene where the remedy at law even an extraordinary remedy like quo warranto is adequate. Absent constitutional or statutory regulations providing otherwise, quo warranto is the only proper remedy where available. Procedural irregularity in the adoption of municipal charter provisions involving scope of bargaining subjects may be attacked only in quo warranto proceedings. Where the quo warranto proceeding involves only public rights, the Attorney General's prosecutorial discretion is complete. However, if a separate private right is implicated by the alleged misconduct, then the AG's discretion is limited and either the private citizen can bring the action in place of the AG or the AG's decision to not proceed is subject to attack by way of an action for mandamus. Thus the legal remedy in this case is adequate. more or view all topics or full text.
1207.1000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; In Generalimproper to grant summary judgment where injunction sought, whether there is a reasonable probability and see continuing its discriminatory practices with the question of fact. more or view all topics or full text.
Compton Unified School District * * * OVERRULED IN PART by Fresno County In-Home Supportive Services Public Authority (2015) PERB Decision No. 2418-M|
1207.1000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; In GeneralPERB has initial exclusive jurisdiction over dispute involving post-impasse economic strike; p. 166. more or view all topics or full text.
San Francisco Unified School District|
1207.1000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; In GeneralBoard considers the statutory enactment of impasse procedures in EERA as strong evidence of a legislative intent to head off work stoppages prior to the completion of those procedures; p. 3. more or view all topics or full text.
1207.1000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; In GeneralSection 3541.3(j) authorizes PERB to petition the court for appropriate temporary relief or restraining order but only upon issuance of a complaint charging that any person has engaged in or is engaging in an unfair practice. [24 Cal.3d at 9] more or view all topics or full text.