All notes for Subtopic 1207.04000 – Other

DecisionDescriptionPERC Vol.PERC IndexDate
I056Ha Trustees of the California State University (East Bay)
1207.4000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; Other
PERB Regulation 32410 does not apply to determinations the Board has made regarding injunctive relief requests. Reconsideration procedure was neither intended nor designed to permit review of Board decisions granting or denying a request for injunctive relief. more or view all topics or full text.
386110/16/13
I004E San Ysidro School District
1207.4000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; Other
No evidence to support position that exclusive representative losing support among bargaining unit members or that there is a nexus between decline in support and district's conduct (refusal to grant released time, three reprimands and one notice of dismissal to members of the negotiating team); pp. 6-7. more or view all topics or full text.
2216208/08/78
I047E Antioch Unified School District, et. al (Link); Mt. Diablo Unified School District, et al. (Townley); Fremont Unified School District, et al. (Neely)
1207.4000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; Other
Injunction requiring escrow of 100 percent of the employees' agency fees or expansion of protections afforded employees by the procedures as currently implement is not "just and proper;" pp. 6-7, 22, 26, 27, 31 & 32. Absence of a precollection hearing for agency fees does not establish reasonable cause to believe an unfair practice has occurred; p. 19. However, CTA's control and/or management of the agency fee account does present reasonable cause to believe an unfair practice has been committed; p. 20. Injunction requiring increases of the advance reduction and/or rebate amount is neither constitutionally required, nor just and proper; p. 30. more or view all topics or full text.
91623811/04/85
I053E Santa Maria Joint Union High School District
1207.4000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; Other
Injunction denied where the association engaged in a one-day pre-impasse strike and it was not shown that the association was provoked by district unfair labor practices or that it struck as a last resort. more or view all topics or full text.
132022511/02/89
I011E Modesto City Schools
1207.4000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; Other
Insufficient grounds for PERB to seek injunctive relief against either party regarding alleged post-impasse strike and implementation of unilateral changes in terms and conditions of employment. Accordingly, Board retains jurisdiction over unfair practice charges and directs General Counsel to supplement earlier investigation to determine whether work stoppage is an unfair practice strike; p. 2. more or view all topics or full text.
41103303/10/80
I012E Modesto City Schools
1207.4000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; Other
Board determined that employer's obligation to resume negotiations and to rescind its unlawful unilateral actions should be conditioned upon the reciprocal obligation of the association to end its work stoppage; p. 5. more or view all topics or full text.
41103403/12/80
I014E Eureka City Schools/Eureka High School District (Order)
1207.4000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; Other
As negotiations between the parties regarding the terms of a new agreement had not broken down but rather were proceeding according to the statutory scheme of EERA, Board declined to grant request for injunctive relief; pp. 7-8. more or view all topics or full text.
41109603/26/80
I016E Oakland Unified School District (American Federation of State, County and Municipal Employees)
1207.4000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; Other
Board denied request for injunctive relief where there was a question as to whether the Board must defer to the parties' contractual dispute resolution procedure; pp. 4-5. more or view all topics or full text.
41105607/09/80
I046E San Ramon Valley Unified School District
1207.4000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; Other
A strike provoked by an employer's unfair labor practices would be protected at any time at which it occurs in the bargaining process so long as the striking employee organization has not failed to participate in good faith in the statutory impasse procedures; p. 10. more or view all topics or full text.
81518710/12/84
I008E Las Virgenes Unified School District
1207.4000: REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF; Other
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