All notes for Subtopic 406.01000 – In General

DecisionDescriptionPERC Vol.PERC IndexDate
2536M City and County of San Francisco
406.1000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH STRIKES AND PICKETING; In General
Local rule requiring dismissal of employees who refused to cross a picket line, and memorandum referring to this rule, were inherently destructive of employee rights to engage in a sympathy strike. more or view all topics or full text.
421406/30/17
2418M Fresno County In-Home Supportive Services Public Authority
406.1000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH STRIKES AND PICKETING; In General
The right to strike is fundamental to the statutory scheme of collective bargaining between equal partners. In the absence of some means of equalizing the parties’ respective bargaining positions, such as a credible strike threat, both sides are less likely to bargain in good faith, which, in turn, leads to unsatisfactory and acrimonious labor relations and ironically to more and longer strikes. Strikes by public employees are not illegal, unless statutorily prohibited, or unless there has been a clear showing that the strike poses a substantial and imminent threat to public health and safety. Strikes and strike-related conduct may also be statutorily protected by the MMBA and other California public-sector labor relations statutes. An employer may not impose terms that waive or limit this right. The Board overruled Compton Unified School District (1987) PERB Order No. IR-50 to the extent that it holds there is no statutory right to strike in protest of an employer’s unfair practices. more or view all topics or full text.
3913303/30/15
1822E Santee Elementary School District
406.1000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH STRIKES AND PICKETING; In General
Threatening discipline for engaging in “other such strike-related type activities” is interference because of its ambiguity, possibility of broad interpretation in the future and its resulting chilling effect on employee protected rights. more or view all topics or full text.
307202/22/06
1725E Hilmar Unified School District
406.1000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH STRIKES AND PICKETING; In General
Statutorily protected rights, such as the right to engage in non-disruptive informational picketing, can be divested by employees or their exclusive representative by a clear and unmistakable waiver. The Association waived its right to hold an informational meeting after a scheduled mediation session when the Association’s representative committed to the District not to hold the meeting at that time. The District therefore did not interfere with the Association’s rights by threatening to cancel a scheduled mediation session if the Association proceeded with its informational meeting in front of District offices. The District interfered with the Association president’s rights by attempting to bar the Association from directly contacting its health plan administrator. The Association has a duty to ensure that unit members were informed of the changes in the new health plans under consideration because it is entitled to information sufficient to enable it to understand and intelligently discharge its duty to represent bargaining unit members. more or view all topics or full text.
293512/15/04
1508E San Marcos Unified School District
406.1000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH STRIKES AND PICKETING; In General
District unlawfully interfered with protected rights by threatening to discipline employees who engaged in non-disruptive informational picketing. more or view all topics or full text.
272701/16/03

406.1000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH STRIKES AND PICKETING; In General
County ordinance labeled an urgency measure effective immediately and declared necessary to "protect the public health and safety" and "to prevent the substantial impairment of County departmental operations" allowing suspension of employees during rolling job actions found valid. more or view all topics or full text.

406.1000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH STRIKES AND PICKETING; In General
Police work stoppages are per se illegal. Application of County Sanitation "threat to public safety" test to police functions would be an impossible task for the trier of fact. more or view all topics or full text.

406.1000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH STRIKES AND PICKETING; In General
The maintenance of an illegal strike is not a tort for which damages may be recovered. An employer retains the right to sue for breach of an explicit no-strike clause or for tortious acts occurring during the conduct of a strike. more or view all topics or full text.

406.1000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH STRIKES AND PICKETING; In General
Revocation of union recognition is clearly inconsistent with MMBA provisions guaranteeing public employees the right to be represented by organizations of their own choosing and with the stated purpose of the MMBA: to encourage communication and improve relations between local governments and their employees. City's action in revoking recognition of union for strike inconsistent with employee choice. By revoking union's recognized status at the outset of strike, city extinguished the major conduit of communication between the employees and the city at the precise moment that the need for communication was greatest in violation which is inconsistent with stated purpose of MMBA to promote full communication between public employers and their employees. Withdrawal of recognition as a sanction for union involvement in strike activity whether legal or illegal, is clearly improper. more or view all topics or full text.

406.1000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH STRIKES AND PICKETING; In General
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. County charter provision prohibiting improvement for employees represented by a striking employee organization in wages, hours, and conditions of employment beyond those last offered by the County until next scheduled meet and confer session for the next bargaining year is an invalid limitation on meeting and conferring under the MMBA. more or view all topics or full text.