All notes for Subtopic 301.04000 – Unfair Practice

DecisionDescriptionPERC Vol.PERC IndexDate
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

301.4000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Unfair Practice
Under California law, public employees have no right to strike whether their employer violates the Meyers-Milias-Brown Act or not. more or view all topics or full text.
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

301.4000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Unfair Practice
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] Reasonable cause found where district (1) refused to meet and negotiate over concessions and new proposals that association offered following exhaustion of statutory impasse procedures, and (2) unilaterally changed some terms and conditions of employment inconsistent with its last best offer. [136 Cal.App.3d at 901] Injunctive relief is just and proper where either an employer or union has committed unfair labor practices which render any final order of the Board meaningless or so devoid of force that the remedial purposes of EERA will be frustrated. [136 Cal.App.3d at 902-903] more or view all topics or full text.

301.4000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Unfair Practice
In tort action involving a strike prior to the July 1, 1976, effective date of EERA, the court held that strikes by public school employees were unlawful. The court declined to address the question of whether strikes were under the exclusive jurisdiction of the PERB because the EERA was not yet in force on the date of the strike. more or view all topics or full text.
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