All notes for Subtopic 402.06000 – Strike or Protected Concerted Activity; Anticipated Strike

DecisionDescriptionPERC Vol.PERC IndexDate

402.6000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; QUESTIONING/INTERROGATING EMPLOYEES; Strike or Protected Concerted Activity; Anticipated Strike
Common law prohibition against public sector strikes not recognized. Consequently, strikes by public sector employees are neither illegal nor tortious under California common law. It is not unlawful for public employees to engage in a concerted work stoppage for the purpose of improving their wages or conditions of employment unless it has been determined that the work stoppage poses an imminent threat to the public health or safety.Declined to follow by: Passaic Tp. Bd. of Educ. v. Passaic Tp. Educ. Ass'n, 222 N.J. Super. 298, 536 A.2d 1276, 128 L.R.R.M. (BNA) 3249, 44 Ed. Law Rep. 1185 (N.J.Super.A.D. Dec 16, 1987) (NO. A-0042-86T7) Jefferson County Bd. of Educ. v. Jefferson County Educ. Ass'n, 183 W.Va. 15, 393 S.E.2d 653, 135 L.R.R.M. (BNA) 2144, 61 Ed. Law Rep. 765 (W.Va. Apr 12, 1990) (NO. 19575) Martin v. Montezuma-Cortez School Dist. RE-1, 809 P.2d 1010, 67 Ed. Law Rep. 802 (Colo.App. Jun 28, 1990) (NO. 85CA1553, 85CA1583), certiorari granted (Apr 22, 1991) Strikes by public employees are not unlawful at common law unless or until it is clearly demonstrated that such a strike creates a substantial and imminent threat to the health or safety of the public. This standard allows exceptions in certain essential areas of public employment (e.g., the prohibition against firefighters and law enforcement personnel) and also requires the courts to determine on a case-by-case basis whether the public interest overrides the basic right to strike. Provision of MMBA which specifically precludes application of Labor Code section 923 to public employees was not intended as a means to prohibit striking. On its face MMBA neither denies nor grants local employees the right to strike. more or view all topics or full text.

402.6000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; QUESTIONING/INTERROGATING EMPLOYEES; Strike or Protected Concerted Activity; Anticipated Strike
County charter provision providing for discipline of any county employee who "instigates, participates in, or affords leadership to a strike" too broad to be enforceable and might cast chilling effect on right to of employees to discuss their employment conditions. more or view all topics or full text.

402.6000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; QUESTIONING/INTERROGATING EMPLOYEES; Strike or Protected Concerted Activity; Anticipated Strike
MMBA section 3509, precluding applicability of Labor Code section 923, is not a blanket prohibition against strikes. [38 Cal.3d at 573] Public policy rationales typically advanced to justify prohibition against public employee strikes are no longer valid. Court lists those rationales as: (1) public employee strikes are a denial of governmental sovereignty, (2) terms and conditions of public employment are not set by bargaining as in private sector but by legislative action, (3) a right to strike would afford public employees excessive leverage in bargaining, (4) strikes by public employees would lead to a disruption in vital public services. [38 Cal.3d at 573-574] The common law prohibition against public sector strikes should not be recognized in California. Strikes by public sector employees are neither illegal nor tortious under California common law. [38 Cal.3d recognized in California. Strikes by public sector employees are neither illegal nor tortious under California common law. [38 Cal.3d wages or conditions of employment, unless it has been determined that the work stoppage poses an imminent threat to public health or safety. [38 Cal.3d at 592] more or view all topics or full text.