All notes for Subtopic 804.03000 – Strike as Unlawful Pressure Tactic

DecisionDescriptionPERC Vol.PERC IndexDate
2609I San Francisco County Superior Court and Region 2 Court Interpreter Employment Relations Committee
804.3000: UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT; Strike as Unlawful Pressure Tactic
Employer failed to meet burden of proving that union called a sympathy strike that would imminently and substantially threaten the public health or safety within the meaning of County Sanitation District No. 2 of Los Angeles County v. Los Angeles County Employees Association, Local 660 (1985) 38 Cal.3d 564. Employer’s witnesses did not establish that absence of the represented employees prevented work from being performed, nor that temporary replacements were unavailable. more or view all topics or full text.
439912/18/18
I058E Sweetwater Union High School District
804.3000: UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT; Strike as Unlawful Pressure Tactic
A union’s strike preparations undertaken before impasse procedures have been exhausted do not constitute “reasonable cause” to believe that an unfair practice has been committed sufficient to justify PERB seeking injunctive relief from the courts in the absence of evidence that the union lacked the intent to reach an agreement. Unlike an actual work stoppage, preparing for a strike is more akin to speech protected by EERA. PERB has long held that speech in the workplace that is related to the legitimate concerns of employees is protected activity within the meaning of EERA section 3543. A union’s communications to bargaining unit members and to the employer regarding strike preparation, including strike threats and strike votes, without a work stoppage are not coercive activities under EERA. more or view all topics or full text.
393108/20/14
2141M City of San Jose
804.3000: UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT; Strike as Unlawful Pressure Tactic
Picketing by building inspectors directed at private employers with the object of inducing private employees to refuse to work, shutting down private construction sites, was an unfair pressure tactic in violation of the MMBA. Tactics were particularly coercive given that the inspectors possessed direct regulatory control over the construction projects they picketed. The disruption of the business of neutral third parties is inconsistent with the public interest in promoting harmonious labor relations as well as the efficient delivery of public services. The absence of specific language in the MMBA prohibiting secondary picketing does not preclude finding that picketing by building inspectors directed at private employers with the object of inducing private employees to refuse to work, shutting down private construction sites, constituted an unlawful pressure tactic in violation of the MMBA. PERB has broad authority to identify unfair pressure tactics that undermine the collective bargaining process, even if such conduct is not specifically prohibited by the governing statute. more or view all topics or full text.
3416711/10/10
1997S State of California (Departments of Veterans Affairs and Personnel Administration)
804.3000: UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT; Strike as Unlawful Pressure Tactic
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
0292E Rio Hondo Community College District
804.3000: UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT; Strike as Unlawful Pressure Tactic
One-day pre-impasse strike motivated by economic considerations to gain concessions at bargaining table amounts to a refusal to bargain in good faith in violation of section 3543.6(c) and (a); p. 30. more or view all topics or full text.
71409103/08/83
0277E Westminster School District
804.3000: UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT; Strike as Unlawful Pressure Tactic
As Association neither alleged nor proved that its pre-impasse strike was provoked by the District's conduct, the work stoppage was an economic strike and constituted a refusal to negotiate and to participate in impasse; pp. 15-16. more or view all topics or full text.
71403412/31/82
0217E Konocti Unified School District
804.3000: UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT; Strike as Unlawful Pressure Tactic
Strikes votes or strike talk - even before completion of negotiations and mediation - are not per se violations of union's good faith obligations. Total conduct must be examined; p. 12. more or view all topics or full text.
61315206/29/82