All notes for Subtopic 301.04000 – Unfair Practice

DecisionDescriptionPERC Vol.PERC IndexDate
I062H Regents of the University of California (American Federation of State, County and Municipal Employees, Local 3299 and University Professional and Technical Employees Communication Workers of America Local 9119)
301.4000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Unfair Practice
Two out of five strikes at issue in employer’s request for injunctive relief were preceded by the filing of various unfair practice charges. There is no question that a strike provoked by an employer’s unfair labor practices is protected at any time it occurs during the negotiating process, and the Board is not at liberty to ignore such charges when faced with a request to enjoin strike activity. Thus, the Board could not infer an unlawful intent to engage in an intermittent strike when the employer’s alleged unfair practices were squarely at issue. Indeed work stoppages that respond to distinct employer actions or issues, even if close in time, are simply not pursuant to a plan to strike intermittently for a single goal, and are therefore protected. (p. 8.) more or view all topics or full text.
11/07/19
I061M County of San Mateo
301.4000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Unfair Practice
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.) more or view all topics or full text.
06/27/19
1997S State of California (Departments of Veterans Affairs and Personnel Administration)
301.4000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Unfair Practice
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
I046E San Ramon Valley Unified School District
301.4000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Unfair Practice
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
I049E Sacramento City Unified School District
301.4000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Unfair Practice
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
301.4000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Unfair Practice
The Board ordered that a complaint should issue based upon the association's one-day, pre-exhaustion of impasse strike activity. more or view all topics or full text.
132022511/02/89
I012E Modesto City Schools
301.4000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Unfair Practice
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. 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
0292E Rio Hondo Community College District
301.4000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Unfair Practice
As Association did not charge that District engaged in bad faith or surface bargaining at the table and no evidence supports a finding of causal connection between unfair practice charges and strike, Board found that one-day strike was not provoked by District's unlawful conduct; p. 29. more or view all topics or full text.
71409103/08/83
0291E Modesto City Schools
301.4000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Unfair Practice
As the strike engaged in the Association was provoked by the District and the Association had participated in the collective bargaining process in good faith, Board held that strike by the Association was not in violation of EERA but was protected conduct; p. 65. more or view all topics or full text.
71409003/08/83