All notes for Subtopic 301.02000 – Pre-Impasse

DecisionDescriptionPERC Vol.PERC IndexDate
I061M County of San Mateo
301.2000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Pre-Impasse
A strike that occurs prior to impasse and completion of any statutorily-required impasse resolution procedures creates a rebuttable presumption that the union has breached its duty to bargain in good faith. (County of Trinity (United Public Employees of California, Local 792) (2016) PERB Decision No. 2480-M, p. 3 (Trinity).) After bargaining parties have reached a bona fide impasse and exhausted any mandatory impasse resolution procedures, public sector strikes are governed by the same rules as apply in the private sector (City of San Jose (2013) PERB Decision No. 2341-M, p. 39), except that an employer’s “substantial concession” post-impasse might temporarily re-institute the aforementioned rebuttable presumption, until a new impasse is reached. (Trinity, supra, PERB Decision No. 2480-M, p. 5.) PERB 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. Board therefore 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.
06/27/19
I058E Sweetwater Union High School District
301.2000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Pre-Impasse
A union’s strike preparations undertaken before impasse procedures have been exhausted do not constitute “reasonable cause” to believe that an unfair practice has been committed sufficient to justify PERB seeking injunctive relief from the courts in the absence of evidence that the union lacked the intent to reach an agreement. Unlike an actual work stoppage, preparing for a strike is more akin to speech protected by EERA. PERB has long held that speech in the workplace that is related to the legitimate concerns of employees is protected activity within the meaning of EERA section 3543. A union’s communications to bargaining unit members and to the employer regarding strike preparation, including strike threats and strike votes, without a work stoppage are not coercive activities under EERA. more or view all topics or full text.
393108/20/14
I048E San Mateo City School District
301.2000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Pre-Impasse
Board finds injunctive relief is just and proper where (1) work stoppage is in progress, and (2) the parties have not completed the statutory impasse procedures; p. 2. more or view all topics or full text.
91623811/04/85
I049E Sacramento City Unified School District
301.2000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Pre-Impasse
Strike that occurs prior to the exhaustion of impasse procedures creates a rebuttable presumption that the employee organization is either refusing to negotiate in good faith and/or refusing to participate in impasse procedures; p. 3. 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
I053E Santa Maria Joint Union High School District
301.2000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Pre-Impasse
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
I010E San Francisco Unified School District
301.2000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Pre-Impasse
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
I046E San Ramon Valley Unified School District
301.2000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Pre-Impasse
Given the complicated factual record, the contradictory claims of the parties, the unsettled state of the law, and the absence of a full evidentiary hearing, the Board determined the district has not demonstrated reasonable cause to believe that the association committed an unfair practice by engaging in strikes; p. 11. more or view all topics or full text.
81518710/12/84
I009E Val Verde School District
301.2000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Pre-Impasse
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

301.2000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Pre-Impasse
Pursuant to San Diego Teachers Assn. v. Superior Court (1979) 24 Cal.3d 1, PERB has exclusive initial jurisdiction over strikes. Court finds San Diego case not limited to strikes occurring prior to the time impasse procedures have been concluded.[136 Cal.App.3d at 892 In determining whether there is reasonable cause to believe an unfair practice has been committed, PERB is required to sustain a minimal burden of proof. Reasonable cause aspect of the two-pronged test is met if theory is neither insubstantial nor frivolous. [136 Cal.App.3d at 896-897, 902] more or view all topics or full text.

301.2000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Pre-Impasse
A strike may be a failure to negotiate in good faith. The question of negotiations in good faith is resolved by determining whether there was a genuine desire to reach agreement. If a strike where an illegal pressure tactic, its happening could support a finding that good faith was lacking. [24 Cal.3d at 8] more or view all topics or full text.
0292E Rio Hondo Community College District
301.2000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Pre-Impasse
One-day pre-impasse strike motivated by economic considerations to gain concessions at bargaining table amounts to a refusal to bargain in good faith in violation of section 3543.6(c) and (a); p. 30. more or view all topics or full text.
71409103/08/83
0277E Westminster School District
301.2000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Pre-Impasse
As Association neither alleged nor proved that its pre-impasse strike was provoked by the District's conduct, the work stoppage was an economic strike and constituted a refusal to negotiate and to participate in impasse; pp. 15-16. more or view all topics or full text.
71403412/31/82
0208E Fresno Unified School District
301.2000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Pre-Impasse
A strike during negotiations and prior to exhaustion of impasse proceedings constitutes a failure to negotiate in good faith. Although not a per se violation, in the absence of any sustainable allegation of provocation by the employer, the strike violated subsection 3543.6(c); pp. 11-12. A pre-impasse strike creates a rebuttable presumption that it is a violation of 3543.6(c). more or view all topics or full text.
61311004/30/82