All notes for Subtopic 301.01000 – In General

DecisionDescriptionPERC Vol.PERC IndexDate
I061M County of San Mateo
301.1000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; In General
A union violates its duty to bargain in good faith if it holds a strike by one or more employees whose absence from work imminently and substantially threatens public health or safety. When an employer asks PERB to seek an injunction against a strike that includes allegedly essential employees, PERB assesses each position on a case by case basis. In determining whether a particular employee’s job is so essential that the employee may not legally strike, PERB considers the nature of the services the employee performs and whether the employer has clearly demonstrated that disruption of such services for the length of the strike would imminently and substantially threaten public health or safety. If PERB finds that a lapse in the public service would imminently and substantially threaten the public health or safety, PERB next considers whether the employer has clearly demonstrated that it requires an injunction to protect the public after accounting for all possible service reductions and coverage options. 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. more or view all topics or full text.
06/27/19
I060C San Mateo County Superior Court (Service Employees International Union Local 521)
301.1000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; In General
Employer alleged that union’s planned strike would constitute an unfair practice because it included employees the Employer believed provide services essential to public health and safety. A union violates its duty to bargain in good faith if it causes a strike by one or more employees whose absence from work imminently and substantially threatens public health or safety. (City of San Jose, supra, 49 Cal.4th at pp. 606-608; Sacramento County Superior Court (United Public Employees Local 1) (2015) PERB Order No. IR-59-C, p. 2 (Sacramento County Superior Court).) (p. 3) more or view all topics or full text.
4313702/20/19
A462M City of Oakland
301.1000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; In General
Neither PERB nor the courts have addressed whether public employers or exclusive representatives are required to meet and confer over which employees are essential to public health and safety, and therefore may not strike. (pp. 6-7) more or view all topics or full text.
4214104/30/18
2536M City and County of San Francisco
301.1000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; In General
The employee right to “form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations” includes a qualified right to strike, subject to a demonstration of a substantial and imminent threat to public health and safety. more or view all topics or full text.
421406/30/17
I059C Sacramento County Superior Court (United Public Employees Local 1)
301.1000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; In General
Unless 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.
4011412/30/15
2141M City of San Jose
301.1000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; In General
PERB is not limited to explicit statutory prohibitions in finding activity to be bad faith bargaining. Thus, even where the objective of a strike is lawful, the means used to carry out that objective may be unlawful. Picketing by building inspectors directed at private employers with the object of inducing private employees to refuse to work, shutting down private construction sites, was an unfair pressure tactic in violation of the MMBA. The absence of specific language in the MMBA prohibiting secondary picketing does not preclude finding picketing constituted an unlawful pressure tactic, since PERB has broad authority to identify unfair pressure tactics that undermine the collective bargaining process, even if such conduct is not specifically prohibited by the governing statute. more or view all topics or full text.
3416711/10/10
1997S State of California (Departments of Veterans Affairs and Personnel Administration)
301.1000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; In General
The parties’ expired MOU contained a no-strike provision. While the Board found that SEIU may have: (1) “condoned” the sick-out; (2) failed to provide notice to union staff of the no-strike provisions of the MOU; and (3) failed to provide sufficient encouragement for “sick” employees to return to work, the Board found that such did not constitute a unilateral change by SEIU of the no-strike provision. The Board did not find that SEIU implemented a new policy, breached the provision in the past or would do so in the future, or that the breach had a generalized effect upon bargaining unit members. more or view all topics or full text.
332712/22/08
1859E Grossmont Union High School District
301.1000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; In General
Where there is no evidence that the union encouraged, planned, authorized or ratified a "sick out," no violation of the duty to bargain in good faith will be found. Statistical correlation alone was not enough to establish an inference that Grossmont Education Association, or its agents, either planned or organized the sickout. more or view all topics or full text.
31409/19/06
1580M Oxnard Harbor District
301.1000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; In General
The California Supreme Court has recognized that there is no common law prohibition on strikes by California public sector employees and their unions. Thus, a sympathy strike only constitutes an unlawful unilateral change if prohibited by a collective bargaining agreement. more or view all topics or full text.
285601/09/04
I010E San Francisco Unified School District
301.1000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; In General
Board 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.
31014110/29/79
0728E Compton Community College District
301.1000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; In General
Where there is no evidence that the union encouraged, planned, authorized or ratified a "sick out," no violation of the duty to bargain in good faith will be found; p. 6. more or view all topics or full text.
132007604/04/89
0292E Rio Hondo Community College District
301.1000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; In General
District has right to prepare for a strike by taking prudent measures including: hiring substitutes to replace strikers and suspending employment policy which interfered with such hiring; hiring security guards; authorizing appropriate legal action; and refusing to pay strikers for time not worked, including fringe benefits; pp. 10-11. more or view all topics or full text.
71409103/08/83
0217E Konocti Unified School District
301.1000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; In General
Employee activity - bus driver made unauthorized stop to address captive audience of students about upcoming strike and that classified employees would appreciate support, including non-attendance at school or having parents call school on behalf of strikers - unprotected. Actions conducted in an indefensible manner, on duty time, to captive audience, interrupting duties to conduct union business without authorization and in violation of work rules; pp. 7-9. more or view all topics or full text.
61315206/29/82