All notes for Subtopic 301.03000 – Post-Impasse

DecisionDescriptionPERC Vol.PERC IndexDate
2480M County of Trinity (United Public Employees of California, Local 792)
301.3000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Post-Impasse
Because bargaining impasse was not broken, the bargaining obligation was not revived and the exclusive representative did not violate its duty to bargain in good faith by going out on strike; impasse suspends the parties’ obligation to bargain only until “changed circumstances” demonstrate that an agreement may be possible; the making of “concessions” is key to finding a change in circumstances sufficient to revive the duty to bargain; a handful of non-substantive e-mail exchanges exploring the parties’ interest in and availability for a meeting did not rise to the level of changed circumstances sufficient to revive the bargaining obligation, as there was no evidence that either party made a substantial concession from an earlier position and was genuinely committed to a new bargaining position; because the parties were at impasse, the employer had the option to refuse the exclusive representative’s request to meet, to respond to the request with a concession substantial enough to revive the bargaining obligation or to unilaterally impose its last, best and final offer; by instead insisting that the duty to bargain was revived, the employer foreclosed all its options. more or view all topics or full text.
4017104/25/16
1638H Regents of the University of California
301.3000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Post-Impasse
As there is no common law prohibition on strikes, a sympathy strike constitutes an unfair practice only if prohibited by the applicable CBA. more or view all topics or full text.
2816206/09/04
I054E Fremont Unified School District
301.3000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Post-Impasse
Board held that post-impasse intermittent strike is both unprotected and unlawful under EERA; p. 10. more or view all topics or full text.
142110705/15/90
I050E Compton Unified School District * * * OVERRULED IN PART by Fresno County In-Home Supportive Services Public Authority (2015) PERB Decision No. 2418-M
301.3000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Post-Impasse
PERB has initial exclusive jurisdiction over dispute involving post-impasse economic strike; p. 166. As strike caused a total breakdown of (1) basic education for students and (2) negotiations free from coercive tactics that hold hostage that education is a violation of EERA; p. 167. Board finds it is probable that a violation of the EERA has been committed; p. 169. Injunctive relief is just and proper because any remedy fashioned by PERB could not be considered adequate at law. Inherent interruption of continuity and quality of education that occurred because of the strike requires injunctive relief; p. 170. more or view all topics or full text.
111806703/17/87
I011E Modesto City Schools
301.3000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Post-Impasse
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
0537E El Dorado Union High School District
301.3000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Post-Impasse
Picketting during on-duty time, even though there were no specific assignments, violated EERA, as a partial work stoppage. Boycott of required extra duty assignment is a violation because the assignments are mandatory, therefore the boycott is a partial work stoppage. more or view all topics or full text.
101700612/02/85
0537Ea El Dorado Union High School District
301.3000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Post-Impasse
Strikes are unprotected during impasse resolution process, and violate 3543.6(d) but not 3543.6(c). more or view all topics or full text.
101705702/03/86