All notes for Subtopic 1207.03000 – Board Proceedings in Court

DecisionDescriptionPERC Vol.PERC IndexDate
I061M County of San Mateo
1207.3000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; Board Proceedings in Court
PERB will exclude from its injunctive relief request to the court any positions that PERB has preliminarily found to be essential if the union agrees to exempt those positions from a planned strike. In some cases, the public may be sufficiently protected if the essential employees are on call, i.e., ready to cross the picket line if needed in the event of an emergency. (San Mateo Superior Court (2019) PERB Order No. IR-60-C, p 5, fn. 3.) A striking union need not use any particular format in notifying PERB, the employer, and the affected employees if the union decides to narrow the scope of its planned strike. (Id. at p. 7.) If a union exempts from a planned strike certain employees or positions that PERB has preliminarily found to be essential, such an exemption will normally mean that (1) there is no “reasonable cause” to believe that the union is threatening an unfair practice as to those positions, and (2) injunctive relief is not “just and proper” as to those positions. (Id., p. 5.) more or view all topics or full text.
06/27/19
I060C San Mateo County Superior Court (Service Employees International Union Local 521)
1207.3000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; Board Proceedings in Court
PERB did not initiate injunction proceedings where the union exempted from the strike each position PERB preliminarily determined to be essential under the County Sanitation standard. PERB explained that if the union had not exempted all of the positions that it preliminarily determined to be essential, it would have sought a temporary restraining order as to the non-exempted essential positions. PERB described methods by which union could notify PERB, the employer, and the affected employees of its decision to exempt certain positions from a strike. PERB would seek immediate injunctive relief if the employer had presented information that the union violated or threatened to violate its agreement to exempt certain positions from the strike. more or view all topics or full text.
4313702/20/19
I046E San Ramon Valley Unified School District
1207.3000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; Board Proceedings in Court
Board finds the surprise nature of strikes constitutes an unlawful pressure tactic warranting injunctive relief; p. 13. Board orders General Counsel to seek injunctive relief against association requiring it to give adequate notice to district before engaging in a work stoppage; p. 16. more or view all topics or full text.
81518710/12/84
I049E Sacramento City Unified School District
1207.3000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; Board Proceedings in Court
Even in the presence of an employer's alleged unfair practice, the employee organization must show a causal connection between the employer's action and the strike. As pre-impasse strike does not appear to have been provoked by the district and was not undertaken as a last resort, Board orders General Counsel to seek an injunction to halt the strike; p. 7. more or view all topics or full text.
111805302/17/87
I009E Val Verde School District
1207.3000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; Board Proceedings in Court
Board orders the General Counsel to seek injunctive relief against (1) any work stoppage engaged in, supported by or encouraged by the association; and (2) any disciplinary action by the district based on employees' participation in such work stoppage pending determination of the unfair practice charges against the employer; pp. 5-6. more or view all topics or full text.
31009907/18/79
I010E San Francisco Unified School District
1207.3000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; Board Proceedings in Court
As work stoppage commenced prior to completion of impasse procedures, Board orders the General Counsel to seek injunctive relief against a work stoppage called, engaged in, and encouraged by the association; p. 5. more or view all topics or full text.
31014110/29/79
I012E Modesto City Schools
1207.3000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; Board Proceedings in Court
As work stoppage appears to be a protected response to an employer's unfair practices, Board orders General Counsel to seek injunctive relief to "maintain the continuity and quality of educational services;" pp. 3-4. more or view all topics or full text.
41103403/12/80
I008E Las Virgenes Unified School District
1207.3000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; Board Proceedings in Court
Release by a party of other than the full factfinder's report circumvents the statutory purpose of encouraging the parties to use that report as a basis for reconsideration of their last negotiating positions in order to reach agreement; pp. 5-6. Board directs General Counsel to seek TRO against association from engaging in or advocating a work stoppage; that parties resume negotiations with assistance of a mediator; that the district immediately publish entire factfinder's report; and that management's right proposal be withdrawn pending resolution of its negotiability through other Board processes; p. 7. more or view all topics or full text.
31008106/12/79